Legal Question in Medical Leave in Florida

Re: Fmla

That's fine. The law does not require a doctor to make the decision. The employer relies on the medical information you provide from your doctor, and they may have their own medical people who they ask for analysis when necessary. But it's not really their job to make medical decisions. Just to decide if the medical info they have is legitimate and shows that a serious health condition exists, that time off is medically necessary, etc., as shown by your certification. If they question the legitimacy of the certification, they can ask for clarification, send you for a second opinion, and/or take some other steps.

If you are denied FMLA-protected leave and believe it is wrongful, you can bring a free complaint at the US DOL. (dol.gov).

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.

Re: Fmla

Your employer does not have the power to "grant" your FMLA request - it is your right if you have a serious medical condition and you have presented your physician's certification. Then, the employer either has to allow your FMLA leave, or, make you go to a physician of their choosing for a second opinion. See the FMLA info at www.dol.gov