Legal Question in Medical Leave in Oklahoma

FMLA intermitten leave

I called my PCP for information on what have could have been a serious condition. I was at work at the time. The PCP referred me to the ER immediately. I could have had a blood clot in my viens of my leg. I had an ultrasound done at the ER. Fortunatley there where no clots. I was prescribed a muscle relaxer an required the rest of the day off per ER MD. I have a follow-up with PCP. The FMLA Med Cert. submitted was not considered acceptable or not enough info. This was filled out by the ER MD. Why is this not considered FMLA? What information do I need from my PCP to overturn the intial determination?


Asked on 9/02/08, 10:49 am

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

Re: FMLA intermitten leave

The employer may be denying FMLA because it believes the condition does not qualify as a "serious health condition." This phrase is defined to include a number of things, including "inpatient care" or "continuing treatment." The "continuing treatment" definition includes:

"A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom) of more than three consecutive calendar days"

If your PCP prescribes continuing treatment that will result in a period of incapacity, then you should have the PCP document that fact for your FMLA request.

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Answered on 9/02/08, 11:06 am


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