Legal Question in Medical Leave in California

Do I need a doctor's letter to receive FMLA?

I just spoke with my HR representative today, and he told me that in order to take FMLA after my baby is born early next year, my doctor must certify that it is medically necessary. I thought we could just request the time off after you have used up whatever company paid leave is available.

Thanks for your help!


Asked on 9/30/04, 4:06 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Do I need a doctor's letter to receive FMLA?

Your HR Rep needs better training. He is wrong. The medical certification only applies to the need to take leave for a serious medical condition not to bond with a baby.

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Answered on 10/06/04, 6:13 pm
Terry A. Nelson Nelson & Lawless

Re: Do I need a doctor's letter to receive FMLA?

Employers are allowed to reasonably verify medical 'need' for FMLA, not for statutory pregnancy leave. Simply asking for something like this is not necessarily wrong, but denying the leave might be. If that happens, contact counsel.

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Answered on 10/06/04, 4:15 pm


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