Nobscot Forums

OK, so we're just starting to track FML requests on April 1 and it's been over six years since I messed with FML. *sigh*

I have two certifications from different health care providers on two different employees who are expecting babies. Each of these certifications state that the EE will be unable to work for 12 weeks.

WTH??

12 weeks? For a normal delivery?

I mean, I know the EE is entitled for 12 weeks, but I need to know when the EE is no longer "disabled" from the pregnancy/childbirth and when they are using the leave for the bonding with the infant, right?

We have our own internal STD that the EE uses for their own recovery, but then when they are released to return to work but want to stay out for bonding, they have to use PTO.

Do you think these doctors are just putting the 12 weeks down so that the EE gets the full FMLA allotment, not understanding that I have to give it to them even if they're released to return to work?

The one EE has an appointment later this month and I asked her to clarify it with her doctor. I just got the other one, for the other EE, and now I'm starting to second-guess myself.

What do you see on your certification of health care provider for the duration of condition or the period of incapacity when your EE is having a baby?

I could be wrong, but I don't think my HR person even sends the medical cert when it's for the birth of a child, since it's kind of a no-brainer. I think she only sends it if some complications come up and they have to go out early.

I think you are probably right....that they are putting the 12 weeks for FMLA purposes, and the actual 'disability' would be shorter. (Like 4 - 6 weeks for regular delivery and 6 - 8 for c-sec, right? I don't know, I didn't have STD when I had Evan.)

do they need paperwork for your internal STD? Most of my mom's have STD so I give them both sets of paperwork. There may be a difference such as the STD will say 6-8 weeks depending on the birth while the FMLA may state something else. I also have the employee complete a "request for fmla" simple form and they will indicate there how many total weeks they are taking.

I think you should just ask the employee for clarification but in the STD cases, they should be very clear.

No, we don't require paperwork for the internal STD, just this certification to tell me when to switch them off the STD and back onto their FMLA.

I guess I'll just have to keep clarifying each time.

I think Mindy and Garbo have it.

I believe they are just putting the 12 weeks for the whole bonding time thing etc.

I think they're doing the 12 weeks so that they can receive STD for the full time. I haven't seen one for 12 weeks, but I also don't see the certs, since we have a leave management vendor. But I think the leave management vendor would disallow it, at least up front, and wait to see if any complications warranted extending it past 6 weeks or 8 weeks. We do allow for a couple weeks prior to the due date to be included in STD - is that part of it?

The way I have this set up is that if the EE has to leave for bedrest before delivery, we'll count that toward FMLA, and that would be on our internal STD. Then the recovery from the delivery would be STD.

I guess I was just shocked that the doctors are saying that the EE would be incapacitated for 12 weeks, because that is just simply not true, unless there are extenuating circumstances.

I know they're just writing it down because the EE says they want to take the full 12 weeks ... but my black and white rule-following self gets offended by something that is not true.

I'll give them the 12 weeks in the end ... I'll get it worked out, I guess I was just surprised that both my pregnancy certs came back saying 12 weeks for recovery.

One or the other? You don't run them concurrently?

Darn it. Typed up a response and then lost it.

Agree that the dr. put 12 weeks so that the ee would be able to get the 12 weeks of leave.

Also agree that you need clarification. Family leave and medical leave have different restrictions both regarding your STD plan and the regulations. You absolutely need to know what part of the 12 weeks is for the ee's medical condition and what part is bonding.