Legal Question in Medical Leave in Pennsylvania
Doctor charging to fill out FMLA forms
I will be heading to Pennsylvania next week to assist my father in finding a nursing home for him. Since this is the first time my husband would be using FMLA, he wanted to fax the proper paperwork to my fathers doctor ahead of time so we could have the FMLA approved prior to leaving. My father's doctor called today to say he will not fill out the papperwork until we pay him $50.00! He has previously filled out FMLA paperwork for me when I was employed and never charged me. I realize this is only $50.00 but its the idea. We are already going without a weeks pay to go up to Pennsylvania to assist my father plus the cost of a hotel..etc. Can this doctor charge for this?
1 Answer from Attorneys
Re: Doctor charging to fill out FMLA forms
Yes. There is no law against it. Many doctors of course do this for free, but it does take time and that means they are working for free. You of course would not want to work for free, and neither do they.
If it is a financial hardship, your husband can discuss it with the employer. Your dad's illness is probably well-documented. Perhaps you can just provide copies of past medical records you might have (or maybe the doctor will give you a copy of your dad's medical record for free)to prove the existence of the conditions. There is no requirement that the FMLA certification form be used (or all of the same information on it be submitted), although most employers use it since it is recommended by the DOL. The employer just needs to know that the condition is real and qualifies for FMLA leave. If they have any sensitivity, they will work with your husband on this.
Best of luck with your dad.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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