wildandpeaceful
Junior Member
PA. I originally posted a question on the Union forum and Beth answered it like this.
If you are on approved intermittent FMLA, then your employer cannot require you to bring in a doctor's note every time you are absent to care for your mother. Your employer can, however, require you to file FMLA recertification paperwork every 30 days.
Your employer does have the right to go by exactly what the doctor has stated in the FMLA paperwork and if it only cites scheduled appointments, then they can limit approved FMLA to that. That seems pretty petty to me though, unless they feel you've been abusing your intermittent FMLA privileges. (Or more likely you have a fair number of co-workers who have filed for intermittent FMLA and your employer is indeed seeing a lot of abuse from others so they have "cracked down" on everyone.)
If your employer is insisting on doctor's notes for absences that clearly fall under the FMLA certification you've already filed, then that is indeed a violation of the law.
To summarize my question: I am on intermitten FMLA to take care of my mother. I have been written up for lateness even though when I called on these dates that I was gonna be late due to a FMLA issue (takin my mom to appointments). I am grieving this. My certification states that I am approved to to care of my mother and take her to doctors appointments. (it says this exactly). It also says the management reserves the right to request a physian note for each FMLA Qualifying Absence. Beth answered and said this was a violation however, I may have not explained that I have been late to work and that my certification stated that they may request a doctors note. Now on the days in question when I was late and told them it was FMLA, no one asked for a doctors. I am assuming that is why the are writing me up. Due I have a case? My delegate has been doing alot of research at the Department of Labor and has found that intermittent leave is for scheduled and unscheduled leave and that if an employee submits a complete crtification signed by the health care provider, the employer may not request additional information from the employees health care provider (29 CFR 825.307 paragradph a). Does this mean the same as asking for a doctors note? My delegate spoke to a Union Representative and they basically said that the employee should bring doctor's even when they are on FMLA intermittently. Please help with the confusion. My grievance hearing is probably sometime next week. Thank you
Thanks for the help
If you are on approved intermittent FMLA, then your employer cannot require you to bring in a doctor's note every time you are absent to care for your mother. Your employer can, however, require you to file FMLA recertification paperwork every 30 days.
Your employer does have the right to go by exactly what the doctor has stated in the FMLA paperwork and if it only cites scheduled appointments, then they can limit approved FMLA to that. That seems pretty petty to me though, unless they feel you've been abusing your intermittent FMLA privileges. (Or more likely you have a fair number of co-workers who have filed for intermittent FMLA and your employer is indeed seeing a lot of abuse from others so they have "cracked down" on everyone.)
If your employer is insisting on doctor's notes for absences that clearly fall under the FMLA certification you've already filed, then that is indeed a violation of the law.
To summarize my question: I am on intermitten FMLA to take care of my mother. I have been written up for lateness even though when I called on these dates that I was gonna be late due to a FMLA issue (takin my mom to appointments). I am grieving this. My certification states that I am approved to to care of my mother and take her to doctors appointments. (it says this exactly). It also says the management reserves the right to request a physian note for each FMLA Qualifying Absence. Beth answered and said this was a violation however, I may have not explained that I have been late to work and that my certification stated that they may request a doctors note. Now on the days in question when I was late and told them it was FMLA, no one asked for a doctors. I am assuming that is why the are writing me up. Due I have a case? My delegate has been doing alot of research at the Department of Labor and has found that intermittent leave is for scheduled and unscheduled leave and that if an employee submits a complete crtification signed by the health care provider, the employer may not request additional information from the employees health care provider (29 CFR 825.307 paragradph a). Does this mean the same as asking for a doctors note? My delegate spoke to a Union Representative and they basically said that the employee should bring doctor's even when they are on FMLA intermittently. Please help with the confusion. My grievance hearing is probably sometime next week. Thank you
Thanks for the help