Legal Question in Medical Leave in California

Infertility

My wife's doctor referred her to specialists to be seen for infertility. The tests being done cause pain and she has missed 2 days of work as a result with more visits to the doctor to follow. She has applied for intermitten FMLA and has been denied by her company due to ''lack of information.'' The doctor filled out the company's form and does not know what more information the company requires but is willing to comply with what they need. When my wife asked what more innformation the company wants, they said they cannot tell her referred her back to her doctor. As a result, my wife discontinued treatments/visits to the doctor and is going to be charged with occurrences at work that can lead to corrective action against her. What options does she have? Is her condition considered a serious health condition? The doctor has detected abnormalities and would like to do further tests but she cannot afford to take any time off from work for the treatment without further disciplinary action. Is her employer required to tell her what missing information they need for this claim? Please advise. Thank you.


Asked on 7/08/08, 10:18 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Infertility

If the company is trying to be difficult, and your doctor doesn't know how to satisfy them, you may have to consider having an attorney intervene to 'educate' them about the law. If she is qualified under the following law, feel free to contact me:

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

A "serious health condition" is defined as "an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider."

The leave can be intermittent with proper doctor verification.

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Answered on 7/08/08, 1:40 pm


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