We have started to see this as well, one doctor even wanted to charge $25 per page! It's interesting the doctors will write a doctors note with restrictions and duration, but won't complete the form that requires the same info. In these few cases, we have used the doctors note as the medical certification.
Yeah I think falling back to that on the form will be helpful for sure. But we allow employees to come back on light duty so we need an updated fit for duty form everytime their form states they have a follow up. Maybe I'll make sure it's more clear that they are responsible for fees associated with the FMLA forms and fit for duty forms.
However, I still feel that doctor's offices shouldn't be able to charge for these forms.
Good info, David!
It seems to clearly state that any fees associated with obtaining doctor FMLA certification falls to the employee -- as part of their requirement to provide complete and sufficient medical certification supporting the need for FMLA.
I would be curious to know if any employers are paying the fee regardless.
One more thought. I did a quick google search on the question "Can doctors charge employers for complete fmla paperwork?"
I found a link to the DOL site about instructions to medical professionals. The last line says: "The employee is responsible for paying for the cost of the certification or recertification. The employer is responsible for paying for second and third opinions, including any reasonable travel expenses for the employee or family member."
I also found this article, although dated from 2016, that states: "In these situations, I find it helpful to refer the employee back to the Department of Labor’s Employee Guide to the FMLA — specifically, page 12, which very clearly states that the employee is responsible for any costs associated with completion of the form."
Article Link:https://www.fmlainsights.com/fmla-faq-what-if-the-doctor-refuses-to-use-the-employers-fmla-medical-certification-form-and-they-want-to-charge-a-fee-for-it/
Hi Shauna, interesting question. We have not see this uptick at Lehi City, but I am also curious if others have as well. I would be happy to talk to a legislator if we want. It may be worth posting this question on the National PSHRA Forum as well and hear what other states are doing.
Hi all - I don't recall if we have brought this up in this group before. But I am curious if others are finding more issues with doctor's offices charging fees to fill out fmla paperwork or even fit for duty paperwork? Are you reimbursing employees for those costs?
Has there been any talk about wanting to see about starting legislation that doctor offices can't charge a fee for paperwork if it's required paperwork for FMLA or ADA purposes?
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