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  1. #10
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    Default Re: Employee Disciplined for Missing Work After Confusion Over Request for Medical Le

    Quote Quoting Mapper
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    What did his employer think he would be doing then?
    Given the facts you have shared, it should be beyond obvious to you that your husband's employer expects him to show up for work during periods in which he is not disabled from working. Anybody with even slight work experience understands that employers want employees to show up for work.
    Quote Quoting Mapper
    He told his boss he may not go into rehab until the following week sometime and that he wasn't mentally fit to be at his job until then and asked to be put on admin leave until he goes into rehab.
    You told us that. What you were asked was whether his story about pre-clearing the rehab with the employer-approved screening service was a lie. Also, telling his employer, "I may go into rehab tomorrow", does not of itself excuse his missing work if (a) he does not go into rehab and (b) he is not disabled.
    Quote Quoting Mapper
    The manager told him he'd find out if that was okay and then found out and called him back and told him as much and didn't tell him he needed to fill out any paperwork.
    Yet when he was told he in fact needed to fill out paperwork, which perhaps ties into his lie about having his entry into rehab previously approved, he chose to ignore that directive from his employer.
    Quote Quoting Mapper
    Nope. I can see by our phone records that he called the hotline that afternoon before he called his boss. It was a 15 minute phone call.
    You're playing games here. Your husband is able to speak. Why are you telling us about what phone records supposedly show rather than telling us what your husband told you. Why are you pretending that there is nobody who can speak to his state of mind or disability when you are claiming that he went through this screening?
    Quote Quoting Mapper
    I attended the intake session and the doctor said he could be there anywhere from 10-21 days and that most people leave around day 14-17.
    Then you were misleading us when you described the program as lasting a "full 21 days" and about his reasons for leaving the program, and he was lying to his employer about the length of time he would miss work. There would be no reason for the employer to be suggesting that he would keep his job if he completed the "full 21 days" of the program if he were honest about its length and had in fact completed the program. Which part was he lying about (or was he lying previously about the duration and now about his having completed the program)?

    Also, under the Mental Health Parity and Addiction Equity Act, which applies to your husband's workplace based on the information you have provided here and elsewhere, if a health insurance plan covers rehab it must extend the same level of coverage that they provide for any other medical condition. If the insurance company would not extend coverage past the initial 14-day period, absent the highly unlikely event that they impose a 14-day cap on any inpatient treatment for any medical condition, it would be because they found that inpatient rehab was not medically necessary.
    Quote Quoting Mapper
    And yes, it is the employers fault that we would have to pay for anything because it all goes back to his manager who didn't turn in the correct paperwork or inform my husband.....
    Nonsense. Your husband lied about his initial disability, he lied about continuing disability to avoid returning to work, and how his lies have caught up with him. That's all this is about -- your husband being caught in just one of his many, many lies, and facing a possible consequence.

    Your husband chose not to submit required documentation when asked to do so. He continues to refuse to substantiate his need for FMLA leave over the days at issue, and you suggest that he cannot. That's the price of lying.

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