Legal Question in Medical Leave in Indiana

Fired -Doctor refuses FMLA request
I have depression which my supervisors knew. I have had episodes when I missed several days of work and did not call to report my absence every day of the episode and was never disciplined in any way.However on Oct. 29 I was fired for unexcused absence due to not calling in. Also I was informed by phone that I would need an FMLA form to be filled out by my doctor in order to return to work.My supervisor agreed to my request that I could return to work and wait until my scheduled Dr. visit a few days later to get FMLA form completed. Then my doctor refused to fill out the form citing unfamiliarity with my case he having been assigned to me by a mental health service upon my doctors leaving town. He had seen me before and prescribed medicine for me so how familiar is that? I asked him to use my history to complete the form . He refused. I returned to work the following day was allowed to work a few hours and fired just before lunch. Do I hav a case against employer, doctor or both?

Asked on 12/12/03, 10:40 am

Mary J. Hoeller, R.N., J.D. Attorney At Law

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Re: Fired -Doctor refuses FMLA request

You may have a cause, but the fact is you should have called in, especially to your doctor.

Answered on 12/12/03, 3:37 pm

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