Legal Question in Medical Leave in California

FMLA employer medical release request

After providing re-certification for previously approved FMLA for my mentally ill adult son, my employer is requesting his medical records. The written request states ''After review by our Dr. he is requesting a medical release so that he may contact your son's doctor regarding his condition. If you fail to return the signed medical release within 5 days your son may be scheduled for a second opinion.'' His FMLA certification form is already very detailed with the pertinant info. that was previously approved, so I question what more they need at this point. My son falls under the guidelines of the ADA and SSDI. What direction should I take?


Asked on 3/24/08, 5:50 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: FMLA employer medical release request

A company has the right to verify appropriate medical basis for the leave, but that is not an open invitation to invasion of privacy in violation of MICRA. Politely, tell them his condition was described before by his doctor, has not changed and will not, and that 'talking to his doctor' would be improper, thus politely decline to sign any such releases. If they press, offer to get another brief memo from the doctor confirming 'no change' and continuing need for you to take leave as previously approved. If they retaliate, refuse reasonable leave, or otherwise violate the law, feel free to contact me for the legal help you'll need then. If you want an attorney letter to 'persuade' them to back off, contact me to discuss.

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Answered on 3/24/08, 7:17 pm


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