05-03-2006, 09:35 AM
Ok Just want to make sure I have this clear? If you were approved for FMLA - you do NOT need a doctor note each time you are gone ??My employer is requiring it and if I do not have it -they will terminate me-Due to my condition, I do not always need to waste money going to the doctor when I know there is nothing they can do- But If I miss work, I go, just so I can get a note to give my employer..This is crazy!!
05-03-2006, 09:47 AM
That depends on the length of time you are out. If you are out for three days or more the employer has a right to request a Fitness for Duty certification showing you are able to return to work and what restrictions you may have. Give us some more details so we can better understand what you are asking.
05-03-2006, 09:55 AM
I am on FMLA due to brething issue, sometimes when I cannot breath, I do not come to wrk under the FMLA- My job is requiring a doctors note each day I take for FMLA- I thought that once I was under FMLA I did not need a doctor note each time I am out > I usually only am out for 1 day.But If I do not have a note they willterminate me. SO even thought I know that the doctore will tell me to relax and do breathing excecises, I go and waste money -just to get a doctor note to protect my job. is this required?
Once the FMLA has been approved and the appropriate doctor's certification turned in, the employer may not require a doctor's note for each and every absence. The employer cannot require a doctor's recertification any more often than every 30 days.
I thought we already established this on the other thread.
No, I am not a lawyer, I am an experienced HR professional who has been dealing with FMLA ever since it was signed into law. The law does not change depending on who tells you what it says.
But if you only want to hear it from a lawyer, feel free to disregard me and call one. He'll tell you exactly the same thing I did.
05-03-2006, 11:18 AM
I believe you I just didnt know who you were? Can I go after my employer for making me have doctos notes every time I go plus every 30 days?
If the employer refused to stop demanding a note for each absence, you can complain to the US DOL.
05-03-2006, 11:30 AM
It also says I have Intermittent FMLA- is that different? and what would happen if I complained to the DOL?
I knew you were on intermittant FMLA - that's the only way you could be taking individual days here and there. That's what intermittant FMLA means. No, it is not any different. If it were, I would have said so. (sigh of frustration - beating head repeatedly against the wall). :rolleyes:
You asked if you could "go after" your employer if they violate FMLA - reporting them to the DOL is how you go after them. If you are looking for a detailed description of exactly what the DOL will say and do, I'm sorry but I can't give you that. I don't have a crystal ball. If you want to know that, you'll have to ask them.