Does my employer hace a right to make FMLA so stressful?

I have had FMLA for more than 5 years for my mother. Now i have recieved notification from HR that it is extended for 3 months attach to this email is a letter to my supervisor and payroll that if i go over 3 days they are to contact HR. If I go past 3 days don't i have a right to get medical documentation to HR. My mother is 81 years old she has throat cancer, bladder and kidney cancer, lung cancer,other circulatory problems,etc. When I asked HR and my manager should I get all the specialist to fill out the FMLA form they said that it isn't necessary that the primary care doc is enough. So now they are holding me to 3 days. Please let me know what I can do.

2 answers  |  asked Apr 9, 2012 4:59 PM [EST]  |  applies to Pennsylvania

Answers (2)

Harold Goldner
It sounds like you are receiving intermittent FMLA leave, which is at the discretion of the employer. Additionally, FMLA to take care of your mother for one condition does not automatically extend to a different condition suffered by your mother.

It is possible that your employer is attempting to ensure FMLA compliance (because intermittent FMLA leave is problematic for employer and can be abused).

If you believe your rights may be violated, you should contact an employment lawyer directly. It is impossible to answer your inquiry, vague as it is, on this web site.

Harold M. Goldner

posted by Harold Goldner  |  Apr 10, 2012 08:46 AM [EST]
Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified.

That being said, if your employer is creating extra steps and hoops for you to jump through to take your FMLA leave, then you may have a claim of FMLA retaliation. I am unclear as to what exactly the 3-day issue is about, but merely notifying HR is not going to be retaliation. If the only thing going on is that they want documentation after three days being out, then I don't believe that there is any FMLA violation here.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Apr 10, 2012 06:25 AM [EST]

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