Legal Question in Medical Leave in California

I recently switched doctors. I went to renew my fmla from last year (I have asthma and copd) and my current doctor denied it.I was on intermittent, it was not abused by any means. Can they do this and where do i go from here?


Asked on 8/25/10, 6:50 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Among the eligibility requirements for FMLA, you must be able to show you suffer from a serious health condition that prevents you from performing the functions of your position. This must be certified by a health care provider, upon request by the employer. If your doctor refuses to certify you are unable to perform your job, you will either have to make an effort to work or seek a second opinion. You can also request a reasonable accommodation from your employer.

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Answered on 8/30/10, 10:12 am


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