Legal Question in Medical Leave in Michigan

hipaa forms

my employer is insisting that i go to a dr (med eval spec) to determine if my doctor is overstating the time i will need to be off. can i be denied fmla or can they shorten the leave based on this dr's answer? they have not asked any other employees for this info and i have reason to believe they would like to terminate me.


Asked on 7/25/07, 8:05 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: hipaa forms

Your employer is acting in accordance with the law by having a separate medical professional review your need for FMLA leave. However, simply because the second doctor disagrees with the first does not give the employer the right to shorten your leave. If the company doctor disagrees with your doctor, then the matter is to be resolved by reference to a third doctor.

You may want to consult with an experienced labor and employment attorney to help guide you through this issue.

Read more
Answered on 7/26/07, 11:38 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Michigan