Legal Question in Employment Law in California

fmla and doctor's notes required by employer

I have recently got fmla at my employer and my doctor filled out paperwork for intermitant leave due to my fibromyalgia. My employer has told me I need a doctor's note every time I call out of work. Is this legal, or is this harrassment?

thank you.


Asked on 12/12/06, 1:55 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: fmla and doctor's notes required by employer

It might be unreasonable if the original Doctor's note described the need for intermittent leave, the frequency of the leave and that there is no need for a doctor's visit for each episode. If those elements are not covered, get the doctor to cover them now with an updated note the describes clearly what you need as an accommodation for your disability and to qualify for intermittent leave.

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Answered on 12/29/06, 7:18 pm


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