Legal Question in Medical Leave in Pennsylvania

employer violation

I work in a large factory where FMLA is currently being used. It seems that a friend is being mistreated by our employer under this Act. She has been approved for this for some time now, and has had no problems with this until now. Our employer uses a point system in which if we accrue 10 points our employment will be terminated. My friend has accrued several points for having to go to the doctor and now our employer told her that she must get in writing the time and date of every appointment that she must go to due to her reasoning for being on FMLA. She has never had to do this until she accrued so many points. After her last appointment for FMLA reasoning when our employer told her she must get in writing a statement of when and where she went for her appointment, she was unable to get this information. She was therein given another point for missing work. She is now on the verge of losing her job because our employer seems to be abusing this Act. If I am wrong in my believing that we do not need a doctor's note for every FMLA visit, please let me know. If I am right, I would appreciate it very much if somebody could tell me how to help my friend keep her job.


Asked on 5/22/05, 3:49 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: employer violation

An employer cannot retaliate against an employe for exercising his or her rights under FMLA. If she was previously approved for intermittent leave and the employer has changed policy requests for detailed information may be retalitory in nature. Your friend should get a note from her doctor explaining her condition, her need to attend treatment and directing the employer to contact the doctors office if confirmation of a visit is necessary.

Read more
Answered on 5/22/05, 4:32 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in Pennsylvania