I'm going out on FMLA for possibly 2 reasons...can I do that?

I am a male nurse (the only one on my unit..rest are female..the other male left too for same reason) and since the arrival of my new, also female (never an issue w prev boss) manager I have been constantly harassed as a result my dr said he would approve FMLA for stress but I also have a sciatic condition and require surgery. Can I do both (if I do need the surgery)? THANK YOU!

2 answers  |  asked Sep 6, 2012 09:44 AM [EST]  |  applies to Florida

Answers (2)

Phyllis Towzey
Yes, you can go out on FMLA leave for two separate and unrelated conditions, so long as your physician certifies that both are serious health conditions. Typically it makes sense to list both, as your recovery and ability to return to work based on one condition may not coincide with your recovery and ability to return to work based on the other condition. If you feel you are the victim of harassment or discrimination based on your sex, you should seek legal advice. Typically, the first step is to make a complaint internally. If your employer fails to investigate and take appropriate remedial action, your next step would be to file charges with the EEOC. Specific advise from a lawyer would be helpful to you, however, because you have multiple issues and a variety of options to consider.

posted by Phyllis Towzey  |  Sep 6, 2012 2:18 PM [EST]
Arthur Schofield
Qualifying for FMLA is a process. You will first have to apply, obtain a certification from your physician and the employer can accept or challenge that certification. If they accept it, you are granted leave. If they challenge it, you will be sent to another physician of their chosing. I have seldom seen an employer challenge, but it can happen. Best of luck.

posted by Arthur Schofield  |  Sep 6, 2012 10:04 AM [EST]

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