Issue with doctors office

[KevinG87124]

What is the name of your state (only U.S. law)? New Mexico

I had an issue with my eye. I missed work from 5/28 - 6/7, as a result. On June 7th I also gave the doctors office a form to complete for Short Term Disability (STD) which also covers a return to work statement. Question #2 asks whether I have healed sufficiently to return to work. At the time I gave them the paperwork, I confirmed it covered both. I was told the technician that fills out the paperwork was gone for the day, but she will receive it tomorrow (6/8). I did ask for confirmation when the paperwork was completed so I knew it had been taken care of. On 6/9 when I still had not heard back, I called and was told the paperwork was completed, but the doctor was out of the office and could not sign it until Tuesday (6/13). On Tuesday, I called and was told he had still not signed it and he should have it signed tomorrow (6/14), Thursday (6/15) at the latest. Again, on Thursday, I had not heard back so I called again and was told the doctor is still out of the office and would not be back until Monday (6/19). I reminded them that the 19th was the due date for the paperwork and asked for a separate return to work since it was taking them so long. They reminded me my doctor was not available, but asked another doctor if he would release me back to work. They called me back that day and confirmed the doctor was not comfortable with releasing me after reviewing my case notes and that I would need to speak with my doctor on Monday to get the return. On Monday (6/19) they faxed the paperwork to my leave admin. I found this out on Tuesday (6/20) when my leave admin emailed me to let me know the case was being reviewed. A week after the paperwork was received, my leave admin emailed me on Monday (6/26) to let me know the claim was denied because I did not meet the 7 day wait period. It turns out, after all of that time, the doctor only filed for 5/28 - 6/2, the day I was originally release to go back to work. The issue is, I was not able to return to work because my eye began giving me problems again, that is why I was seen again on 6/7.

My issue now is, the doctor does not want to complete STD paperwork for any time past 6/2. That said, I was legitimately seen again on 6/7 for a recurring issue and submitted paperwork to them on that day. They took 12 additional days to even file the paperwork, only for me to find it did not cover the entire time I had been off (5/28 - 6/27, currently). He did give me a new return to work notice today, 6/27) saying I can return immediately. The problem is, I am now in danger of not being paid for an entire month because of this paperwork issue.

Are there any legal options I can pursue to try and get my pay? He does not seem willing to file additional paperwork and even if he did, I am not sure the medical review board at my leave center would agree that I needed to be off all of that time.

 

[cbg]

There is no law you can invoke that will force the doctor to fill out the paperwork at all, let alone for any time he does not think is appropriate.

 

[KevinG87124]

There is no law you can invoke that will force the doctor to fill out the paperwork at all, let alone for any time he does not think is appropriate.

I am having trouble understanding how my doctor can refuse to give me a return to work, but find the time off is not appropriate. It's one or the other. I can either work or I am not sufficiently healed to return. As I stated I turned in my paperwork on 6/7 and just today received the consent to return to work. I was more than willing to return to work on 6/8, I didn't receive the required authorization from my doctor until today.

 

[cbg]

Your doctor can refuse to give you a return to work because there is no law that says he must.

Your doctor can refuse to find the time off appropriate because there is no law that says he must.

Your doctor can refuse to fill out any paperwork at all, saying anything at all, because there is no law that says he must.

He is not necessarily saying anything about you or your condition or your time off or its appropriateness.

What he is saying is, I've got too much other work to do than to fill out forms. Since the law does not require me to do so, I choose not to.

 

[KevinG87124]

What he is saying is, I've got too much other work to do than to fill out forms. Since the law does not require me to do so, I choose not to.

First, he did fill out the form, just incompletely.

Second, to your point, what legal recourse do we employees have then when many if not most employers require a medical certification for time off before allowing you to return to work? This is not a unique requirement, every one of my 4 jobs I have had in my 26 year work life have required a doctors excuse to return to work after 3 days off. My "profile" at work will not be re-activated until the doctors note is approved. Do, we just lose our job since doctors are not required to "fill out paperwork"? Something does not seem right or at least complete with this response.

 

[cbg]

what legal recourse do we employees have then when many if not most employers require a medical certification for time off before allowing you to return to work?

You don't. That's the point I'm trying to make.

It may not be fair. It may not be ethical or moral or right. But you cannot force your doctor to fill out paperwork at all, let alone the way you want him to fill it out, and the law is not going to force him to.

Not every wrong has a legal remedy. This is one of them.

 

[KevinG87124]

Not every wrong has a legal remedy. This is one of them.

I appreciate your taking the time to answer. I have one more question. If, in fact, doctors have no obligation to certify an absence, etc...does an employers requirement to obtain such a certification hold water? If we, the employee, are not able to obtain such a certification can an employer legally terminate the employee? Again, something seems awry here. An employer can legally require something from you that your doctor is not legally required to provide?

 

[cbg]

Yes, they can. Google, at-will employment.

I completely agree with you that there's a hole in the system here. My disapproval of the way things are, however, does not cause there to be a law requiring a doctor to complete the paperwork or prohibiting an employer from terming you if he does not.

 

[KevinG87124]

Yes, they can. Google, at-will employment.

I completely agree with you that there's a hole in the system here. My disapproval of the way things are, however, does not cause there to be a law requiring a doctor to complete the paperwork or prohibiting an employer from terming you if he does not.

Thanks again for taking the time to reply.

 

[Chyvan]

what legal recourse do we employees have then when many if not most employers require a medical certification for time off before allowing you to return to work?

You don't.

While not "legal" in the sense of invoking the law, I'd get a new doctor.

 

[cbg]

Can't argue with that.