Legal Question in Medical Leave in Indiana

Fmla

We have submitted an FMLA form to my husbands employer for my illness. The employer has sent a open ended form for me to sign releasing all medical information with no date ranges. This form also states if I do sign the form I understand that I am no longer protected by federal and state privacy laws. Secondly, the form states if I do no sign the form I may well lose my services provided by my health care providers. Is this form legal? I have been ill and covered by FMLA for five years and now all the sudden this employer has charged my husband points for missing work to care for my needs. The employer states I have no FMLA rights. Please advise. Sincerely,

Dee Waltz


Asked on 9/10/08, 4:10 pm

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: Fmla

Your husband has FMLA rights, not you. However, he can take FMLA leave to help care for your needs. So, if the FMLA has been requested properly, they should not be charging him with points. Also, there are specific procedures that the company must follow if it is questioning the authenticity of your condition. I would be happy to discuss these issues if you would like. You may contact me at [email protected] or the number in my profile.

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Answered on 9/12/08, 9:24 am


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