Legal Question in Medical Leave in New York

FMLA Harassment By HR

I signed up for intermittent FMLA with one month left in my wife�s pregnancy because she was having complications and put on bed rest so she can�t work. I took 1day after the doctor said at the appointment that it would be good if I comforted her because we got bad news. Then doctor filled out all the paper work that my HR gave me but on question #8 it says. Does the patient need transportation to and from doctor visits? He put yes. Then on the next page it says question #8a. If no to question 8 would the patient need psychological comfort? He put yes. Then on question 8B it asks. How long would the patient need help? He put 8 weeks. Now I have had to have the same paper filled out twice by the doctor and my HR is saying that is not good enough each time I go back and that they want to give me 30 days off no pay. When I had my meeting with HR they made it sound like they thought that I filled the paper work. They said it was odd that for the question that I stated above that the doctor filled it out the way he did. The doctor said my wife needed both transportation and psychological comfort. What should I do? Are they violating FMLA laws?


Asked on 8/04/04, 5:02 pm

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

Re: FMLA Harassment By HR

Probably yes. You need to consult with an experienced labor attorney about this problem. In many situations, it can be cleared up before it causes any serious job problems. I would recommend you check out the web site www.nela.org. It lists attorneys who dedicate more than 50% of their practice to employment law issues.

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Answered on 8/05/04, 10:19 am


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