Legal Question in Medical Leave in Indiana

FMLA certification form

I have more than one acute and chronic medical condition and I also need to have time off to help with my father who is in assisited living in another state from time to time. I was told that I need a seperate form for each medical condition I have and the doctor must state how many days each month the condition will cause me to be off. How do I know how many days I will need to be off in advance? The doctor stated on the form he is unable to determined or predict but will document as they occur. The HR person wants wants days. Can they require me to list days that I will be off in advance for each condition? I don't know if or when I will be required to go to care for my father eather. I have needed and recieved FMLA for 4 years now and have never needed to do this before. The company I work for was bought out by another company and they say its required. Is this true? Thanks


Asked on 7/31/07, 1:32 pm

1 Answer from Attorneys
Andrew Dutkanych III Biesecker & Dutkanych

Re: FMLA certification form

The company has the right to know the estimated duration and frequency (number of days per month) of your intermittent FMLA leave for each condition. You should have your physician or your father's physician provide an estimate on the certification form. If your physician fails to provide an estimate, it could be a legitimate basis for your employer to deny you the requested leave. If you have additional questions, please feel free to contact me directly.

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Answered on 7/31/07, 1:46 pm


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