My Employer in Violation of FMLA Laws?

I have a chronic condition in which I was approved for intermittent FMLA leave for time off for doctor appointments, physical therapy and time off in the condition is exasperated. My physician wrote the FMLA certification as a "chronic condition with intermittent/indeterminant frequency.

For the most part I am able to work regularly if my pain is kept in check, but there are times in which the pain is so unbearable I can barely walk let alone work. I never IMO abused the FMLA, but recently had a need to take 1 day off because of the pain. While waiting for the doctor, my boss called and said they will need a doctor's note as I have been using FMLA leave a lot lately. Not true, it was for appointments, all of which were submitted in advance and for a few hours to see my doctor about the increase in the pain. Nonetheless, I saw the doctor, was referred to my pain management doctor and gave my employer a note which stated I was to be off for a few days, but I returned earlier than the note specified.

I believe this is in direct violation of my need for intermittent FMLA when in pain. If the certification states I am to be on FMLA for a duration of at least 6 months, can they request a doctor note each time that I do call out due to the pain during this time?

1 answer  |  asked Aug 7, 2011 10:24 AM [EST]  |  applies to Michigan

Answers (1)

Brad Glazier
One of the reasons for intermittent leave for chronic condiditions is to avoid the necessity of getting a doctor's excuse for every absence. Your self reporting of an absence along with the reason for the absence (your FMLA approved condidtion) is sufficient under the law. So, to answer your question, no, you don't need a doctor's excuse for each asbsence so long as you have a medical certfication in place.

posted by Brad Glazier  |  Aug 8, 2011 06:41 AM [EST]

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