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FMLA Medical Certification Deadline

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rockerhard

Junior Member
What is the name of your state? tn

My son has been diagnosed manic depressive, major bi-polar, and post tramautic stress syndrome. I've previously been approved for up to 4 days per month at 8 hour duration for intermittent manic episodes he may encounter. Last month was a bad month for him, and I ended up missing a total of 7 days. Employer requested medical recertification to be completed by the psychiatrist within 15 days.

Immediately made an appointment with the Doctor and being as busy as they are, got an appointment on the day of the deadline. Figured he could fax it to them and everything would be okay. When I arrived at the Doctor's office, the secretary told me that she had already called HR, and told them the Dr. was busy and would have this faxed to them asap and wanted to make sure I would not be penalized for it.

A week later I get a letter from HR denying the FMLA request. They never received the recertification. So I finally get a hold of the doctor's office, this was during thanksgiving holidays, and spoke to the secretary. She said the Doctor told her that this is the same paperwork he just filled out a month or two ago. No it wasn't! I explained to her that I clearly stated to the Doctor during the initial appointment with my son that this was for recertification because my son's behavior had escalated during the prior month, and HR needed this in writing from him. So now she is going to get on it and get it faxed over to them, after calling them I guess.

Well here we are two weeks past the deadline. I can't imagine losing this job and the major hardship on the family that would shortly follow. He's a great Doctor, but ever since the initial FMLA paperwork fiasco, I've had a strong feeling he is just not too familiar with FMLA.

But the bottom line is that the deadline was missed, and they can terminate me if they decide to do so. Is that how you see it? Is there anything I can do to help prevent this from happening? Thanks for your time.What is the name of your state?
 


cbg

I'm a Northern Girl
Since HR did not receive the certification within the 15 days stated in the statute, they may legally deny FMLA. Without FMLA protection you are subject to the company attendance policy and can legally be fired for excessive absences.

That's what the law says CAN happen. There is no guarantee that this is what WILL happen. You cannot prevent it; there is nothing you can do that will legally force them to keep you in your job. But if the doctor gets the paperwork over to them immediately with an explanation of how the error occurred, it is not impossible that the employer will forgive the delay. No guarantees, but it's possible.
 

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