Legal Question in Medical Leave in Maryland

Re: Constant calls re. return time to work

Assuming that your situation is proceeding under the FMLA (in other words, that you properly requested and were granted FMLA leave), then the employer, in general terms, only has the right to reasonably follow up with you and/or question your need for continued leave. (This could include seeking an independent medical opinion if they reasonably doubt the need for leave.)

Unfortunatley, the law lacks real teeth in terms of enforcement and damages, so a practical solution may be best. You want to show someone in authority at your employer that you have a legitimate need for leave, supported by a doctor's note. Explain in a reasonable manner that you have recieved many followup calls, although you have presented the note, and the calls are both unnecessary and interfering with your recuperation (if that is true). Therefore, although you are willing to cooperate with any legitimate requests for information, you would appreciate if the calls would cease and you will return as soon as your doctor allows you to.

Possible contacts for such a call are HR, your supervisor or your supervisor's supervisor.

Remember to remain reasonable and cooperative, even if it is the employer being unreasonable. Don't give them any reason to harass you further or take any other adverse action.

last, if you have not officially requested FMLA leave, you should do so immediately. Contact HR or your supervisor, tell them that you want this leave to be covered by FMLA, and ask for whatever forms they want completed. Then have your doctor complete them ASAP, give them to you, and you submit them to the employer, but keep a copy for yourself.

Good luck and feel free to call for a free consult if the situation becomes more problematic. I can be reached at 301.604.2497 or [email protected].

Disclaimer: This posting is not intended as legal advice. It is not privileged or confidential, nor does it create an attorney-client relationship. You should consult an attorney directly for legal advice pertinent to the facts of your matter.