I have FMLA and I was mandated to work another 8 hour shift and I couldn't so I used my FMLA can I asked to bring in a doctor's note with my FMLA?

My FMLA states that if I have to use FMLA to leave while mandated I can do so. It's written in bold. I also was mandated 9 minutes before it my shift was done.

1 answer  |  asked Mar 25, 2016 12:03 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
It sounds like you may be confusing an ADA AA reasonable accommodation (i.e. only working a single shift) with FMLA leave. Those are generally separate matters unless you suffer with a disabling condition which requires unforeseeable medical treatment or attention.

Here is what the United States Department of Labor states about notice under the FMLA. If your employer knew or should have known that you are unable to work an additional shift then you are not taking FMLA. Under those circumstances your employer would be providing you with a reasonable accommodation of limiting the number of hours you work at any given time. Of course, if you engaged in the interactive process with your employer, and you and your employer reached such an agreement, then your employer would have scheduled some other person to work the extra hours, so long as that was not an undue hardship on your employer, which they asked you to work.

According to the U.S. DOL you are required to comply as follows:

FORESEEABLE LEAVE:

In general, the employee must give the employer at least 30 days advance notice of the need to take FMLA leave when he or she knows about the need for the leave in advance and it is possible and practical to do so. For example, if the employee is scheduled for surgery in two months, the need for leave is foreseeable and at least 30 days advance notice is required. If 30 days advance notice is not possible because the situation has changed or the employee does not know exactly when leave will be required, the employee must provide notice
of the need for leave as soon as possible and practical. When the employee has no reasonable excuse for not providing at least 30 days advance notice, the employer may delay the FMLA leave until 30 days after the date notice is provided.

When the employee could not have provided 30 days advance notice, but has no reasonable excuse for not providing a shorter period of advance notice, the employer may delay the FMLA leave by whatever amount of time that the employee delayed in notifying the employer. In the case of FMLA leave for a qualifying exigency, the employee must give notice of the need for such leave as soon as possible and practical, regardless of how far in advance the leave is needed. For planned medical treatment, the employee must consult with the employer and try to schedule the appointment at a time that minimizes the disruption to the employer. The employee should consult with the employer prior to scheduling the treatment in order to arrange a schedule that best suits the needs of both the
employee and employer. Of course, any schedule of treatment is subject to the approval of the treating health care provider.

LEAVE THAT IS UNFORESEEABLE:

When the need for leave is unexpected, the employee must provide notice to the employer as soon as possible and practical. It should generally be practicable for the employee to provide notice of leave that is unforeseeable within the time required by the employer’s usual and customary notice requirements. For example, if the employee’s child has a severe asthma attack and the employee takes the child to the emergency room, the employee is not required to leave the child to report the absence while the child is receiving
emergency treatment. When the employee does not give timely notice of unforeseeable leave and does not have a reasonable excuse, the employer may delay or deny the FMLA leave. The extent of an employer’s ability to delay FMLA coverage for leave depends on the facts of the particular case. For example, if it was possible for the employee to give notice of the need for leave the same day it was needed, but instead gave notice two days after the leave began, then the employer may delay FMLA coverage of the leave by two days.

posted by V Jonas Urba  |  Mar 25, 2016 10:55 AM [EST]

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