Legal Question in Disability Law in Oregon

about chronic conditions. I have diabetes and have filled out a form for chronic conditions stating I may or may not miss 3 days or more a month. I missed the 3 days and in that time I had to do blood testing to figure out why I was so sick with this condition. I then had to go back for an office visit to discuss my situation. I brought a note from the doctor and my HR safety rep said it was not acceptible because I am only allowed to miss 3 days a month. She denied my claim for FMLA is this legal? She said according to the rules even if I have a note from the doctor that it was related to my diabetes and I would need to fill out another form stating I will be gone 3 or more days a month in addition to occassional office visits. I have never had this problem before and if I missed that many days I always brought a note from my doctor and it was approved. I have been battling this individual for some time now about all of my FMLA claims and was wondering what to do about harrassment because no one else in the company has had to deal with all these problems


Asked on 7/12/10, 8:29 pm

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers

So long as you qualify for FMLA or OFLA (state medical leave law) and the employer is covered by having a sufficient number of employees, an employer must provide a full 12 weeks of medical leave for qualifying conditions. Such leave can be intermittent. A qualifying condition means a "serious medical condition," which can include a condition for which the employee receives "continuous treatment," which in turn means at least two doctor's visits. An employer is entitled to current medical information and as much notice as is practical, but if such medical information and notice is given, an employer may not deny intermittent medical leave merely because it exceeds some estimated number of days. Once the 12 weeks of leave per 12-month period is exhausted, an employer need not provide additional medical leave under FMLA or OFLA (with certain limited exceptions). Even then, an employer has an obligation to provide reasonable accommodation under disability discrimination law, which may include additional leave.

The above is not legal advice, but for general discussion only. Consult an experienced employment lawyer for specific advice or to determine your legal rights under your specific facts.

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Answered on 7/13/10, 8:44 am


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