Legal Question in Medical Leave in California
Employer wanting dr note for FMLA
Hello. I have FMLA for a medical condition and have intermittent leave. I had a scheduled doctors appointment and handed the information to my supervisor one week prior to the appointment. I can call in on FMLA any day i want providing it is no more than 6 occurances per month.
My employer is now requesting a doctors note for the office visit.
I have already certified my FMLA status and I also provided them with reasonable notice, other than requesting that I obtain recertification (on their own doctor's dime) do I have to provide them with this information and go through the hassle? I did not request a visit verification at the time and my doctors charge a huge fee for paperwork and i am not going to pay to get the note after the fact when I can call in the morning of an episode on FMLA and not get any grief. At this point it is affecting me at work and making me feel insuffecient and harassed in a way (no one else has to do this, but I--name removed--gay and they know it).
Thank you for your help.
1 Answer from Attorneys
Re: Employer wanting dr note for FMLA
A company has the right to reasonably verify your condition and need for FMLA leaves. Obtain a doctor's note every time you visit, to turn in. Request they phone your doctor's office to verify this particular visit, or that they pay for the paperwork themselves.
FMLA and homosexual issues seem not to have anything to do with each other from your facts. If the company is discriminating in a provable way because of homosexuality, you may have a claim for it.
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