On FMLA but employer suddenly wants a dr. note with every absence

I have been approved for FMLA intermittent use for a year. I used to self-report my absences but now my employer wants a dr. note with every absence. Is this an tactic to get me to leave? I can't afford to see my doctor every time I have to take time for a fibro flare up or a migraine. What can I do?

1 answer  |  asked Dec 10, 2015 08:40 AM [EST]  |  applies to Michigan

Answers (1)

Brad Glazier
An employee on intermittent leave is not required to submit a doctor's note for each absence. Jackson v. Jernberg Industries Inc., 677 F. Supp.2d 1042, 1049 (N.D. Ill. 2010) (“Protecting the employee against overzealous employers, though, the FMLA regulations limit how often and with what notice an employer may demand certification.”, citing 29 C.F.R. §825.305(b) & (e). “Here, by requiring that Jackson seek out a doctor's note for each of his absences, Jernberg's doctor's-note policy discouraged Jackson from taking his FMLA-certified leave.”). Id., p 1052. See also, Oak Harbor Freight Lines, Inc. v. Antti, 998 F. Supp. 2d 968, 978 (D. Or. 2014) (requirement that employees provide a doctor's note for each intermittent absence violated the FMLA).

I suggest that you produce a copy of he applicable regulation: 29 CFR 825.305, to your HR department and let them know that you are not required to produce the doctor's note. A Google search should produce a copy of the regulation.

posted by Brad Glazier  |  Dec 10, 2015 09:41 AM [EST]

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