Legal Question in Medical Leave in Oregon

FMLA and migraines

My husband has taken FMLA for periodic episodes of migraines. He has had a physician statement filled out on a yearly basis. Today after calling his employer with the news of his migraine, he was told he would have to have a doctor's form filled out for each occurance. The doctor won't fill out a form each time unless he goes into the office each time. It is unnecessary for my husband to see the doctor every time he has a migraine, since he is on daily medication therapy. The question is; can my husbands empoyer (United Parcel Service) ask for a FMLA form to be filled out for each headache occurence? Thank you for your help.


Asked on 5/23/07, 10:24 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: FMLA and migraines

The question is why your doctor won't co-operate with your needs. That's where I would start, because this is something you need and it takes seconds to fill out, particularly if it's the same every time.

The employer would be the second place I'd go, and ask what the reasonable basis for the request is. If it doesn't sound reasonable to you, consult local counsel and get stronger support on the ground.

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Answered on 5/24/07, 2:09 pm


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