FMLA help

[ZSThomp]

What is the name of your state? Arizona

Hi all,
I'll try to be quick. I'm am a 30 y/o suffering from Depression and Anxiety. I have often been on the border of losing jobs or asked to quit in the past. A few months ago, I applied for FMLA to secure my job. My psychiatrist filled out the paperwork.
Anyway, fastforward to know. I've had several bouts of severe depression since then and have called out for FMLA many times and was even asked by my manager to get an official leave from the doctor as I was being a hardship on scheduling.
Two times already, I've gotten a note saying I can return to work without restrictions (my work asks for this if three consecutive shifts are missed). It is intermittent FMLA and my understanding is that the note only says I CAN return to work for the employer, but does not say I MUST return to work.
I have to get another note as I missed more than three days in a row. I did work a couple 12 hour shifts last week and I think this is a sign of improvement. But I received a letter from my job saying that I must provide documentation from my doctor on why I had multiple notes allowing me to return to work, yet I didn't. Please note that for every day absent, I did call in to let them know within allotted time. The letter says if I don't supply this info now, I can be disciplined or terminated. Since before I was on FMLA I had a final warning for attendance, I'm really worried.
What can they do to me?
I will talk to my Doctor this morning. Please respond someone. Thank you for taking the time to read this.

ZSThomp

 

[cbg]

How much of your FMLA have you used?

 

[ZSThomp]

Hey

I've used about five weeks of FMLA.

 

[mitousmom]

You might also want to discuss with your doctor whether he thinks your condition would be considered a qualified disability under the ADA. If he does, you and your doctor should consider whether your need a reasonable accommodation for you absences and, if so, request a reasonable accommodation from your employer.

 

[cbg]

I do not agree with you, ZSThomp. If your doctor has given you a note that you CAN return to work, then you MUST return to work or risk discipline. Since it is no longer medically necessary for you to be out of work, FMLA no longer applies and any absences are not protected.

Since you have not yet used all of your FMLA, you cannot be termed or disciplined for absences that are protected under FMLA. But once you have been given medical clearance to return to work, that time is no longer protected since it is not medically needed.

I agree that you should probably see your doctor with reference to the ADA. But I don't hold out a lot of hope that a reasonable accomodation will mean allowing you to stay out of work when your doctor does not think it is necessary.

 

[ZSThomp]

But if someone is covered under FMLA then the "ok to return to work" note is just to satisfy HR, to make sure the employee is not going to have a hard time when they're back at work.. That's what I don't understand how FMLA fits in. FMLA is always there for 12 months for FMLA-related absences.

 

[mlane58]

But if someone is covered under FMLA then the "ok to return to work" note is just to satisfy HR, to make sure the employee is not going to have a hard time when they're back at work.. That's what I don't understand how FMLA fits in. FMLA is always there for 12 months for FMLA-related absences.

No it is not to satisfy HR, as cbg stated your doctor is returning you back to work and doesn't see a medical need for you to be out of work. Once your doctor returns you to work, you don't get to choose to countermand your physician.

 

[ecmst12]

12 WEEKS. Not 12 months.

 

[cbg]

You are very badly misunderstanding the FMLA statute.

The note is not there to "satisfy HR". The note is there because the doctor no longer sees any medical reason for you to be out of work.

FMLA is not "always there". FMLA is there ONLY when you have a medical reason to be out. No medical reason = no FMLA.

If there is not a medical reason for you to be out, then it is not a FMLA related absence. Period.

And you only get 12 weeks of FMLA, not 12 months.