Question

My company's disability plan was outsourced to Lincoln Financial, but shouldn't the FMLA process be the same as before?

Asked on November 11th 2016 by CLP
The company I work for in California, has a self-insured disability plan that they apparently recently outsourced to Lincoln Financial to administer. Because I had used FMLA once in the past, when I simply needed to provide my doctor’s certification directly to HR and give as much notice as possible prior to taking the leave, I fully expected this request for FMLA to mirror the prior experience. I couldn’t have been more wrong. The main number for our HR department now had a system in place to route any medical leave requests directly to a Lincoln Financial number. The representative asked me to sign a medical release form, but I had already had my doctor fill out the old certification forms. I told them I did not agree with the audacious language of their form and reiterated that my doctor had already filled out my certification and that it was my understanding that I was under no obligation to give them authorization to track down any medical record that I had, that all I needed to provide for the FMLA was the certification. Do I need to hire an attorney just to apply for a few weeks of FMLA?

Answer

Answered on November 15th 2016 by Attorney Stephen Jessup

CLP, as we do not handle FMLA claims you will need to speak with an employment attorney who may be able to better answer your question.