Chronic and permanent Illness and Fmla

I have epilepsy... here is whats happened to me with employment in the past 6 months and yes I am seeking a lawyer for civil or any suit if you find any discrepencies.
march 4th fmla was sent a certification from my neurologyst for a permanent
and serious health condition
several employees are aloud this certification for up to 6 months which should cover me up too september 4th,in the mean time...........
may 17th may15:fmla denies this abscence because new certification did not have appropiate information
Called doctors office and had them make sure they filled out appropiate boxes, was advised by my doctor that he didnt go to medical school to fill out paper work.
Then denied because I have not seen my physician within 60 days.
Went to see neurologyst for visit when he did not request it because recieved a denial on may 30th was because i havent seen a physician in 60 days
may 15th gets approved based on mays certification from office visit.
May 30th gets approved
june 1st another denial for no certification within 60 days and again stipulating i need to see doctor every 60 days
july 16th neurologyst faxes new certification
july 16th approved and june 24th approved
july 23rd is approved from July 16th certification ...yet again
august 16 is denied again because they want 60 days certification I called the fmla department when i recieved this denial thinking they didnt
get the fax from my neurologysts office.
I spoke with because my fmla counselor
was not in.
FMLA counselor advised me they did recieve July 16th certification but neurologyst forgot to mark off permanent and that they request a office visit every 60 days.
I advised FMLA counselor that if Fmla is requesting I go to the doctor against his recommendations that Fmla has to pay me for my day off and for doctors co-pay for second opinion.
FMLA counselor then advised me if my doctor marks off permanent then they will hold certification for 6 months.
I advised FMLA councelor that the fmla has certification back from march 1st certification that had permanent on it which would be held for 6 months so all these denials are null void.
FMLA counselor advised me that because my neurologyst has sent in certifications since then it makes marchs certification null void.
I also advised FMLA counselor that fmla wouldnt have recieved other certifications if FMLA wasnt requesting certifications since march That FMLA was requesting certification then that they did not need.
I have faxed to my union assistant 3 times all my paper work, she advised me the head or supervisorof fmla has not returned her calls. I said this is 3 weeks now. She advised me that the fmla office is moving so things are hectic. I advised that they have had time amongst theyre moving to send me denial letters they should have time to return her call. now requests I mail all my paper work.
September 12th:Manager takes me into the office to advise me I have 7 outstanding dates that have not been approved and if not approved may not be employed much longer.
Advised supervisor that Union is disputing the abscences. I have replied to Union representative
that I fill out every certification for FMLA to contact my neurologyst. The company insurance pays for my visits, my prescriptions and has paid for ememergency room for seizures. This is not a sickness I have invented, and the company has plenty of legal documentation to prove this. I have been submitting certification to FMLA under theyre instructions, they need to be liable for giving the wrong instructions and not the employee loosing there job.

1 answer  |  asked Sep 13, 2002 11:21 AM [EST]  |  applies to Texas

Answers (1)

Trey Henderson

I cannot completely understand your issue from teh facts you have given. However, if you feel that teh company has violated your rights under the FMLA, you may go to the Dept. of Labor or go to a private attorney. The FMLA holds that you may take up to 90 days off without pay for serious illnesses. When you return, you must have the same or similar job. You may also seek representation from your union because your rights under the collective bargaining agreement may have been violated as well.

posted by Trey Henderson  |  Sep 14, 2002 5:32 PM [EST]

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