POTENTIAL FMLA ABUSE

A new Human Resources Manager requests guidance from their Corporate Medical Advisor when concern arises about the organization’s Family Medical Leave Act (FMLA) policy. An employee with a long history of extended, recurrent absences due to personal health issues is planning to return to work, as usual; coincident with exhausting organization disability benefits and her annual FMLA leave entitlement. She has once again been cleared by her personal physician to return to work without restrictions, and the Human Resources manager is concerned about policy abuse.

Corporate Medical Advisors can help with:

Return to Work

  • Determine which employees not be allowed to re-enter the workplace.
  • Identify essential job functions.
  • Review all medical records on file and past performance issues.

Arranging Independent Medical Exam (IME)

  • Determine which employees not be allowed to return to work.
  • Ensure IME is qualified and has access to all relevant medical records.
  • Recommendations for functional capacity examinations by therapists.

Report & Evaluation

  • Collaborate with corporate Safety, Human Resources, and Legal to review IME report.
  • Ensure compliance with ADA, ADEA, and FMLA requirements.
  • Ensure the potential risk of injury at work is minimized.