UO Magazine > Jan/Feb 2007 > Family Medical Leave Act

As with any law, FMLA can be and is abused—even in the health-care field. “You’ll always have people who take advantage. If there are problems with FMLA abuses, you’re usually having other problems with that person,” says Wallace.

Metzger points to a nurse who was taking


	Finding FMLA help U. S. Department of Labor Start with the FAQs regarding FMLA on its Web site: www.dol.gov/elaws/esa/fmla/faq.asp Human Resource Departments If you work for any business of 50-plus employees (including hospitals and pharmaceutical companies), the HR department should be able to help. Your Medical Association The American Medical Women’s Association already has FMLA education in place. See if your association does as well. If not, ask why. Family, Friends Do you know anyone who works in this field, perhaps in law or HR? Does anyone you know run a large (50-plus employees) business? If so, they probably are at least familiar with FMLA laws and can steer you to other sources of help. Local Chamber of Commerce Doctors often forget they are running a business. Seeking help from other business experts is a logical starting point.

intermittent FMLA while being disciplined for some infraction. “The supervisor became suspicious of the FMLA pattern and, sure enough, we confirmed that she was actually working in an emergency department elsewhere,” he says. One of the ways around this is recertification, something that confirms the person requesting FMLA is still ill. Abner says, “We reserve the right to medically substantiate the alleged health problem.” Another technique, says Wallace: “Look for patterns—if they take every Friday or Monday it looks more like they’re taking long weekends, rather than being out every Tuesday and Thursday which is more likely to be physical therapy.”

Sometimes “abuses” aren’t clear-cut. Doran knew a nurse who was allowed to work under FMLA. “She didn’t like her supervisor and claimed it was creating an emotional disorder arising from working with this person. So—while covered under FMLA—she worked and got paid at another hospital. Is that really a medical condition, or just a bad employer? FMLA wasn’t designed to protect people from a boorish supervisor,” he says.

Doran acknowledges doctors’ potential involvement with FMLA is not only that of employer, but as the person who helps determine if patients will be allowed leave from their jobs. “Physicians tend to have an empathic relationship with their patients and they tend to be happy to sign off on FMLA forms that just have subjective complaints. I’ve also had physicians who don’t worry [about how clinically accurate they’re being], if it gives the patient some measure of comfort. The employer can insist on a second medical opinion, and even go for a tie-breaker if necessary, but such opinions all come at the employer’s expense, so many are reluctant to pursue them,” says Doran.

The good news for most doctors running practices is that relatively few of the practices are large enough to be subjected to FMLA regulations. Where the practice is large enough, experts agree: don’t try to administer employees’ leaves alone.

“We have four benefits counselors here at Palmetto,” says Payne. “Technically they cover a wide range of benefits, including retirement plans, but I’d estimate 60 percent of their time is devoted to FMLA work. I think doctors would be ill-advised to try and do it themselves,” he says.

If you’re a physician seeking help to outsource your practice’s HR needs, including FMLA, Wallace offers this advice: “Look at the company’s HR experience, references, and the type of systems they have in place. Remember, as your practice grows, so do the situations and the demands on your time. It’s not unusual for a practice to end up needing an attorney they might not have needed if they had the right HR help,” she says.

Ivey says that just as maternity leave was the main battle for female doctors seeking FMLA 20 years ago, “the next real challenge as the sandwich generation moves forward will be women who assume the caregiving burden. Where I work [at the University of California at Berkeley], people are so good about it. If you’ve accrued sick leave, you take the time. If you haven’t, FMLA protects people’s jobs,” she says. For male physicians, it seems easier, Metzger says in his experience, “Most male physicians find a caregiver; they rarely take time off for that.”

If you’re a physician working for a larger facility, don’t hesitate to ask the HR manager or a department head (who will likely pass your request to HR rather than trying to answer it) for more information on your FMLA benefits. According to Abner, “Doctors are not well-versed in their benefits. They’re accustomed to taking time off and going home when they are ill. And even though we go over it in our orientation, most physicians don’t find out about it until they really need it,” she says.

That’s a mistake, experts agree. Doctors should not wait until a crisis arises. Just like retirement planning, this is something that should be determined before you need it. FMLA rights will probably be something physicians need to be more aware of as they, their loved ones, and colleagues grow older, and caregiving and long-term health problems become greater issues for everyone.