My wife was applying for FMLA and back in October was given a slip for a week off from work but at that time did not present the doctor's note to her employer because she needed the work. Today 11/21 was suspended for not giving them this doctors note and

Wife is ill and company has a strict attendance policy. FMLA was a way for her to get to the appointments and receive care and not have to worry about losing her job. The note was given to her by our physician but she said she couldn't afford to take time off work.

1 answer  |  asked Nov 21, 2016 4:04 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
I am not sure I understand your question?

Your wife wanted to take FMLA, received a doctor's note permitting her to take FMLA leave, but she continued to work regardless?

Now she has been suspended for not following her doctor's advice? Apparently she needs to speak with her doctor and let the doctor know that she "powered through" her illness.

She can probably expect that her doctor will not be much happier with her than her employer is.

She should understand that if she requests time off for a serious health condition, the doctor gives her time off, and she chooses not to take the time off bad things may happen. You know the employer is concerned for her health just as her doctor is and she has dug herself a bit of a hole now.

Did she cause her health condition to get worse by not following doctor's orders and will her employer trust her in the future if she tells her doctor she needs time off and then tells her employer the opposite or keeps working?

Remember that FMLA is not an insurance policy. An employer may discipline or fire employees even if they have serious health conditions for reasons like not disclosing that they may pose a risk to themselves or others or have told employers differing stories regarding illnesses. She needs to be careful and truthful or she could lose her job. Seek legal counsel immediately for more detailed suggestions ASAP! Especially since she needs the job.

posted by V Jonas Urba  |  Nov 21, 2016 6:35 PM [EST]

Answer This Question

Sign In to Answer this Question

Have an Employment Law question?

Virginia Employment Lawyers

Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA

more Virginia Employment Lawyers