Help with language for FMLA Medical Certification Form
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Thread Starter
Join Date: Jul 2014
Location: Big Bear CA
Posts: 1
Help with language for FMLA Medical Certification Form
My grandaughter is going into treatment for drug addiction and is requesting unpaid FMLA time off from her employer. Her supervisor recommended she not put treatment for substance abuse on the form. Does anyone have any suggestions for language her doctor can put as a reason on the certification form that is true but generic and does not specify substance abuse treatment?
Canine Welfare Advocate
Join Date: Sep 2010
Location: Norfolk, VA
Posts: 10,962
I'm not sure I'd get hinky with FLMA stuff and risk violating one of the countless rules...this is the government, you know.
Why would the employer be telling your grandaughter not to be truthful on her certification form? I saw this on the Department of Labor web site regarding FLMA and substance abuse treatement:
The employer may not take action against the employee because the employee has exercised his or her right to take FMLA leave for substance abuse treatment. However, if the employer has an established policy, applied in a non-discriminatory manner, that has been communicated to all employees, and that provides under certain circumstances an employee may be terminated for substance abuse, then pursuant to that policy the employee may be terminated regardless of whether he or she is presently taking FMLA leave.
So unless the company has a policy for terminating substance abusers??? They probably have a policy to cover being less than forthcoming on your FLMA paperwork.
Why would the employer be telling your grandaughter not to be truthful on her certification form? I saw this on the Department of Labor web site regarding FLMA and substance abuse treatement:
The employer may not take action against the employee because the employee has exercised his or her right to take FMLA leave for substance abuse treatment. However, if the employer has an established policy, applied in a non-discriminatory manner, that has been communicated to all employees, and that provides under certain circumstances an employee may be terminated for substance abuse, then pursuant to that policy the employee may be terminated regardless of whether he or she is presently taking FMLA leave.
So unless the company has a policy for terminating substance abusers??? They probably have a policy to cover being less than forthcoming on your FLMA paperwork.
Member
Join Date: May 2010
Location: USA
Posts: 13,560
Our state is an "At Will" state. My XAH went into rehab. When he left they were all wonderful and supportive. When he returned, he was fired. Nothing he can really do b/c legally in this state they can come up with any old reason to give you the boot. I understand why the supervisor said that. It's not fair, but it is what it is.
I would explain the issue to the doctor and let it go from there. What happens will happen, the most important thing is getting the treatment that is needed.
I would explain the issue to the doctor and let it go from there. What happens will happen, the most important thing is getting the treatment that is needed.
Member
Join Date: Oct 2012
Posts: 5,937
The best advice I have is seek out legal advice. Usually there are services that provide free legal advice in many communities. Short of that it seems honestly is the best policy. Substance abuse is very serious! It would suck if she lost her job but much worse if she lost her life. A wise person once said if money can fix something it's an expense, not a problem. Addiction is a problem! Life can't be purchased once lost.
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