Compliance Stuff

Here’s a story about Dyamond, who will forever impact the manner in which you review FMLA medical certification. If this teaser doesn’t have you on the edge of your seat, nothing in this little FMLA blog will. Dyamond’s Story Dyamond worked at an assisted living facility run by the State of Illinois (DHS), and she became pregnant. It was a difficult first trimester for Dyamond, who was absent several days due to morning sickness associated with her pregnancy. When she missed five workdays in a bit more than a week due to reported morning sickness, DHS provided her FMLA notices and asked her doctor to complete medical certification. One week later, she even left her shift early due to another bout with morning sickness. Dyamond’s obstetrician completed medical certification, noting that her medical condition was “pregnancy.” As she suffered from lupus, her pregnancy was considered high-risk, and her OB required additional testing periodically throughout her pregnancy. In the FMLA medica...

  How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes  won its case , and  recently won again on appeal . According to both courts, the employee appeared to be trying to play it both ways with his FMLA leave. Even if the employer was wrong about that, the courts said, the employer's honest belief defeated the plaintiff’s interference and retaliation claims under the Family and Medical Leave Act. Here’s what happened: Michael Shipton worked for Baltimore (Maryland) Gas & Electric as an underground gas mechanic. He also had a Commercial Drivers License. That CDL will be important later. Mr. Shipton has Type 2 diabetes. In August 2017 , he submitted an FMLA medical certification completed by a physician’s assistant stating that he would need intermittent leave for what sounds like very severe hypoglycemic episodes . The physician’s assistant said that Mr. Shipton “is an uncontrolled diabetic with very fluctuant bl...