Tag: medical

Question: We received a medical support notice for an employee’s dependent. The employee is eligible, but has elected to waive coverage. Do we have to enroll him? Answer: The plan administrator must first determine if the order is qualified and, if so, provide coverage to the child. In order to be qualified, a medical child…

Question: Under the Family and Medical Leave Act (FMLA), should leave information be maintained in a separate file? Answer: Records and documents relating to medical certifications, recertifications, or medical history of employees or employees’ family members created for purposes of any leave must be maintained as confidential medical records in separate files/records from the standard…

Question: If an employee states that he or she needs to use existing Family and Medical Leave Act (FMLA) designation during the day for restroom breaks, is that something the employee can do? Answer: More than likely the frequent use of a restroom may be a serious health condition; however, one would look to the…

Question: Does the Americans with Disabilities Act (ADA) apply when an employee is not eligible for leave under the Family and Medical Leave Act (FMLA)? What paperwork is necessary? Answer: If an employee is not eligible for Family and Medical Leave Act (FMLA) leave, an employer should explore its obligations to grant unpaid leave in…

Question: Does an employer have to use the Department of Labor’s Family and Medical Leave Act (FMLA) forms, or can the employer accept a medical note from the employee’s physician? Answer: The Department of Labor has developed optional forms for use in obtaining medical certification, including second and third opinions, from health care providers that…

Question: Can we request an employee use our pre-determined clinic for a second opinion? Answer: An employer may, at its own expense, require the employee to obtain a second medical certification from a health care provider. The employer is permitted to designate the health care provider to furnish the second opinion, but the selected health…