FMLA violation

Hi all...my psychiatrist recommended I apply for FMLA bec of chronic migraines due to stress. I also have PTSD. I have not had chronic absences but the employer is a stickler when I call out, even if it's once a month. I sent all the paperwork to hr. Hr acknowledged receipt of it. When I said I had to leave early (3 hours early) my manager said I would need to go to employee health to be evaluated and their doc would need to call mine. I looked up the fmla laws and they say this is against the law. Thoughts?

Can you talk to HR? They are probably better informed of FMLA regulations than your boss. And it is not your responsibility to educate your boss on this, it is HR's responsibility to do that. Good luck.

Yes. I'm covered under intermittent leave. He is saying it's part of fmla procedure . I work in a hospital and it would be a hospital doc. I just think it's odd. I don't want to argue I need to stay home tomorrow and he's intimidating me.

I agree with Sunrise about talking to HR. I have a friend who also uses FMLA for migraines and I'm pretty sure she doesn't have to be checked by a doctor before she is able to leave (or not come in). HR should help you clear this up. Talk to them as soon as possible.

Good luck with this yack, being an Aussie and not working in the US I wouldn't have a clue, but I support you with it,

Rhiannon

Your boss is full of it. I have only ever worked for hospitals, but once a person has their FMLA set up all they have to do is call in for their shift under FMLA and it's done. No other doc stuff required. If being checked each and every time was required under the law I can guarantee a hospital would make its employees line up at the ER.

Sometimes I think employers confuse actual employment laws with company policies. Hint, one trumps the other.

Hr said they received my medical certification ( completed by my doc) Tuesday. Apparently if they needed a second opinion it would have to be a doc not on company payroll. Hr said eveythibg was ok...the manager is the one giving me a hard time

That is something for HR to deal with, so please let them know what is going on with this manager.

I will, with the support of everyone. This manager is the acting director of the entire hospital . It's intimidating

Well he's acting out of turn and in a manner that is unbefitting his station take it further because I can believe that the stress of the pressure of seeing another dr who may not have the opinion of your GP would have caused a migrane.

Your boss made it sound like an insurance claim, what a wally whacker

http://ecfr.gpoaccess.gov/cgi/t/text...1.3.53.3.479.8

Second opinions can be required by the employer.
Regardless, I think the employer should be very careful not to use this as a form of intimidation.

I don't think it is a violation:

"Employers may require that an employee’s request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. An employer may require second or third medical opinions (at the employer's expense) and periodic recertification of a serious health condition. An employer may use a health care provider, a human resource professional, a leave administrator, or a management official – but not the employee’s direct supervisor – to authenticate or clarify a medical certification of a serious health condition."

From: http://www.dol.gov/whd/regs/compliance/whdfs28.htm

I pulled up the actual FMLA laws regarding second opinions. The problem is that HR received my medical certification. They have to determine if it is complete and if it is, they aren't allowed to ask for info. They received my paperwork Tuesday. Then, they have to call my doc to clarify. If they don't agree they have to get a second opinion from someone not on the company payroll

http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.307.htm

Good luck with it Yack, this process in itself is a stress concern. I was reading up on the most recent updates and you are correct it is a third party not employed or associated in any way to the company, so they can't direct you to any doctor in particular,

Rhiannon

Greetings,

I am sorry for your struggle with this and wish you the best of luck on solving it with a happy outcome.

Have a good one.

Yesterday I went to my pcp to get checked out because I am still not feeling well. We spoke about my manager and him telling me to go to employee health to be evaluated even though I have fmla /medical certification. My doc asked me to please call HR and report him. He also wrote me a note to not work at least through Monday...which I'm not anyway but he wanted to document it.

Good for you, Yack. Knowledge is power. I wish you the best.