Legal Question in Medical Leave in Nebraska

my son has asthma

my employer is covered under the FMLA in nebraska.My son has asthma and i have had to miss work because of this, my job is on the line because points were assesed to my attendence file. I have given 2 forms of documentaion to my employer, a hospital record (1 out of three that my son has)and i had our doctor fill out a fmla paper that was also given to my boss. now my boss will not remove those points because i don't have a doctor's statement for the days i missed, i tried to explain that his asthma is at times controlled at home. i don't know what to do.


Asked on 5/27/99, 5:05 pm

1 Answer from Attorneys
Dymond Steven Steven H. Dymond P.C.

Re: my son has asthma

While I offer no legal opinion on th elimited facts supplied isuggest that yYou need to do the following: get a doctors note retroactivvely explaining the conditino and the severity and the unpredicatble nature of the attacks. Provide a written note to the employer describng the scenario and dates and events. Finally you should remind you employer that points may not be assessed for FMLA leave and you may not be penalized for use of FMLA leave. Typically if you need FMLA leave, this must be mutually agreed upon by the employer and employee. But in your case this does not seem possible. Finally go and talk to the loacl office of the Department of Labor and explain your situation and make a record of this denial with them.

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Answered on 6/02/99, 12:20 pm


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