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Fmla Harrasment

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postal9649

Junior Member
What is the name of your state? THE STATE IS AZ. hello, i suffer from migraines alot. i recently had doctor fill out paperwork i sent it up to phoenix this is where our fmla office is located. a week later they sent it back telling me they could not read doctor writing and doctor did not specify exact regimes ? my doctor wrote more stuff on my paperwork , then they sent me a letter to release my records to them. i said no,now they want to send me for a second evaluation. i declined meanwhile i went to see the doctor and medical unit where our facility is located in tucson the postal doctor read over everything and understood what my doctor wrote. he sent a email to them telling them my condition is serious heavy narcotics, and impossible to predict how many i will have. waited two weeks and they want me to go to a second doctor and still release my records to them. i really need help they gave me unitl the 20th of september. this is harrasment. please any body and ideas.... thank you
 


Beth3

Senior Member
What is a "postal doctor" and what does he have to do with any of this? :confused:

The Family and Medical Leave Act allows the employer to obtain a second medical opinion (at the employer's expense) if they dispute the medical information provided by your doctor. You do not have the right to refuse. No, this is not harassment.
 

cbg

I'm a Northern Girl
Or another way of putting it is, while I suppose you do have the right to refuse, if you do the employer has the right to deny your FMLA.

If you want the FMLA you are going to have to go for the second evaluation, that's the bottom line. No, this is not harassment.
 

postal9649

Junior Member
fmla

a postal doctor is someone who looks over your paperwork when it is submitted..they have been doing this to everyone in our postal facility denying them fmla.
 

Beth3

Senior Member
So in other words you work for the USPS. You never mentioned that hence "postal doctor" didn't make much sense.
 

postal9649

Junior Member
fmla harrasssment

:mad: yes i work for the usps. the postal doctor agrees with the information my doctor wrote but our fmla office in phx az their doctors state that my doctor does not state a specific regim of how many migraines i am going to get, and when. they want a specific number of migraines my doctor said there is no way of knowing how many you are going to get. if the postal doctor in tucson agrees with the my regular doctor someting has to be going on in phx which is harrassment. one postal doctoe understands and the other on edoes not... ??? something is wrong...
 

Beth3

Senior Member
I agree that asking a doctor to state how many migraines you are going to get is unreasonable. It's not unreasonable for them to ask how frequently you've had migraines in the past and for what duration (hours? days? weeks?) and use that as the basis to predict how often you're likely to have them in the future and how long they're likely to last. If there's some sort of pattern to your headaches, the pattern is more likely than not to continue.
 

cbg

I'm a Northern Girl
No, what you describe does not meet the legal definition of harassment and your continuing to state that it is, does not make it so.

If they really are looking for reasons to decline FMLA, you handed them a reason on a silver platter when you refused to go for the second opinion. Since they are entitled by law to a second opinion if they want one, no amount of argument on your part is going to make this harassment.

I say again; you want the FMLA, you go for the second opinion.
 

postal9649

Junior Member
fmla harrassment

they also want me to release my medical records to them. i do not wish to do so. now what?? thanks
 

Beth3

Senior Member
You are not obligated to provide anything beyond the information required in the DOL's FMLA certification form. The reality is though that for whatever reason, whomever at the USPS who is charged with reviewing and approving FMLA requests doesn't feel they have sufficient medical information or sufficiently clear medical information to approve your request.

You can refuse to get a second opinion and refuse to provide additional information in the form of your relevant medical records and have your FMLA request denied, or you can cooperate and probably have your FMLA request approved. It's up to you.
 

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