In Dec. 2011, an employee submitted a med cert to the facility HR Manager. We use the DOL Med Cert. The HR Manager did not send notice of designation to the employee.
This week, the facility HRD informs me that the employee appears physcially incapable of doing her job. Further, she was out sick and submitted a list of meds to the HR Manager that contains some heavy narcotics. The HR Manager is concerned that the employee is a safety risk.
I reviewed the Med Cert and in Part B: Amount Of Leave Needed, the dr. checked YES to item #5 and then wrote "unable to predict."
The HR Manager has now sent the notice indicating that we are unable to designate the leave as FMLA because of insufficient information. The employee submitted the med cert 4 1/2 months ago.
Isn't it too late to inform the employee her intermittent leave used over the past 4 months is not FMLA covered? That would make her intermittent absences subject to the disciplinary process. Could that be construed as harm? May would be six months from her original notice of her need to use leave. Can we request an updated Med Cert and then deny leave if the doctor still doesn't indicate the period of incapacitation needed?
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