Legal Question in Medical Leave in Kansas
My wife gets chronic and debilitating migraines. She has missed several days from work over the last 2 years in her job and we just now realized she can apply for FMLA for this issue. Her job gave her all the paperwork and she went to the Dr. that has been treating her for this issue for over 2 years now.\n\nThe Dr went on a rant about how this practice was illegal. He claims her job is doing something illegal by using FMLA for these types of issues and he says he will report them. He refused to fill out and sign her paperwork. He says FMLA is only for serious illnesses in a single leave of work, not for future recurring problems like migraines. Everywhere I have read says FMLA also applies to chronic conditions and multiple future absences that come from these, such as migraines, asthma, etc.\n\nFirstly, is the Dr wrong? Secondly, is he legally allowed to refuse to sign the paperwork simply because he disagrees with the law? He tells her he agrees she can\'t go to work with a migraine and will probably need to miss time over it, but says that it shouldn\'t be part of FMLA. I think he\'s obviously confused about the law (or thinks he knows better than the lawmakers), but I need to know what we can do about it. Thanks.\n
1 Answer from Attorneys
Your doctor is mistaken, I think. Pysical ailments that render yoru wife unale to perform her duties may qualify hre for FMLA protection for her job. In that snse the doctor is wrong, in thta she probably doe squalify for FMLA protection. But, if the migraines are an infrequent occurrences that cause your wife to miss work occassionally, she may opt to use whatever paid sick leave time that the employer offers. It may be that the doctor is assuming that the employer is forcing your wife to take unpaid FMLA time instead of paid sick leave time. In that case, he may be correct. It depends upon the facts of her particualr situation.
Good Luck
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