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Intermittent FMLA, employer requires note Alabama Federal Ohio

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  • Intermittent FMLA, employer requires note Alabama Federal Ohio

    Good Morning,
    I was approved by my employer for Intermittent FMLA for my migraines. When I spoke to the HR person, she informed me that each time I was out I would have to get a doctor's note. I have been getting one from my doctor even without going in as I can't even raise my head more or less get into a car.

    Now my doctor's office manager called me and told me they were confused. If I have the Inter.FMLA I should not need a doctor note too each time I'm out. They believed the company was operating against the federal law or something.

    What is the truth in this case?
    OsceolaOz

  • #2
    When FMLA is involved, an employer can ask for recertification once every 30 days, but no more often than that.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Recertification, would that be

      a doctor's note? The FMLA is good for a year according to my HR department. My doctor is actively asking questions about the policy here with notes for dates missed due to migraines even though I have approved FMLA
      Thanks,
      Lynne
      OsceolaOz

      Comment


      • #4
        On intermittent FMLA, the employer can only seek a recertification every 30 days. They can not have you bring in a doctor's note every time you are out for FMLA. Check the following website for further information regarding FMLA. It's good to know what your rights are.


        http://www.wagehour.dol.gov
        Amateurs built the Ark, Professionals built the Titanic

        Comment


        • #5
          The certification for FMLA is NOT good for a year necessarily. The employer may legally require recertification (aka a doctor's note) once every 30 days. They shouldn't be asking for recertification unless they have a reason to think that the situation may have changed, but they legally can.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Ohio FMLA - REcertification and Doctor's notes

            I did ask our HR person how long it was good for and mine is for 1 year. But she did tell me I had to bring in a doctor's note every time I am out. I have been here 7.5 years and have not had bad migraine problems until the last 6-9months.

            My doctor initiated this investigation into the matter.
            OsceolaOz

            Comment


            • #7
              Sorry, I forgot to ask this

              Would a doctor's note be a recertification or do I have to do the FMLA papers all over again and that would be considered a recertification?
              OsceolaOz

              Comment


              • #8
                The law does not require FMLA papers at all if the employer is willing to certify with less, so a doctor's note could be acceptable.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  I am so glad I found this site

                  This is so good to know, thank you. I am glad my doctor asked me. What the doctor wants is a note from my HR department explaining/detailing the reason the notes are required. I'll probably be the 77th person the get escorted out, they eliminated 75-76 jobs back in the spring due to economy.

                  I like it here, but this did seem a bit redundant.
                  OsceolaOz

                  Comment


                  • #10
                    now I'm really confused

                    This website says they may ask for it:

                    http://federalfmla.typepad.com/fmla_...er-may-re.html
                    OsceolaOz

                    Comment


                    • #11
                      This situation was slighly different, if I am reading it correctly. She had requested FMLA but had not yet turned in the original certification. In the absence of the initial certification, the employer was allowed to ask for supporting documentation for the individual absence.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        Yes, it is a little different situation

                        I guess we'll see what happens. I feel like I'm in the middle right now between my doctor challenging my employer. Thank you all so much. I am leaving this sit open to see if any more information pops us in addition to the help you all have given me.

                        Now, wish me luck!!
                        Lynne
                        OsceolaOz

                        Comment


                        • #13
                          If it helps any, I think your doctor is right and your employer wrong. They definitely should not be asking for a note for every absence, and they really shouldn't be asking every 30 days unless they have a valid reason to believe that your medical situation has changed; for example, if you are taking significantly more (or less) time than the doctor initially estimated.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            Good point

                            I will have to pull my copy out when I get home and see if/what he estimated as far as days out. I can see if they need a note from some health issues that it is ok and safe for the employee to return to work, but I just don't think it applies to a migraine. If I have one, I can't drive..If I don't have one, I can drive and work. It's not like having a broken arm or leg or something.

                            I am a little concerned about them looking at me negatively now, but the doctors office insisted on a written note about why they are being asked to send me notes.

                            I have missed alot of days with this, I'll admit. Something is suddently causing them. I am seeing a gastroenterologist as the migraines often coincide with my intestinal upheaval. I also have just turned in an FMLA form from the gastro doc too. The reason I did that is because very often in the winter when the stomach flu goes around in here, it seems to jump start a possible IBS situation that reacts strongly, often and lasts longer than most normal people. It can be very hard to work when you can't get a few feet from the little girls room.

                            I want to add that I'm an employee that actually likes the employer, manager and job. I have 100% accuracy rate in my work. I qualified for a bonus and not everyone got one due to the economy. I'm not a lazy, waste the employer's time. I make up for every bit I miss to stay on track with my benchmarks in how many days I can be behind and still be ok. I am allowed to be 2 days behind by Friday and am usually current.
                            Last edited by osceolaoz; 11-11-2008, 08:13 AM. Reason: additional info about me
                            OsceolaOz

                            Comment


                            • #15
                              How often are you missing time?

                              Do you need the note for FMLA purposes or for sick leave or other purposes? If your employer erquires a note for other reasons you aren't exempt just because you are using FMLA. Since they said you were set for a year on the FMLA paperwork, then it sounds more like this is just something required because you are calling out, FMLA or not. That is allowed.

                              I have to wonder about a doctor who would write a note based on a phone call without seeing you. It's doctors like that who give the rest a bad rep. But that is another issue entirely.
                              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                              Comment

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