Legal Question in Medical Leave in Tennessee

Unexpected illness of child

My son has chronic kidney problems. He was diagnosed with an obstructing kidney stone last August and when we went to the doctor they had to insert a stent, then take it out a week later and look for the stone. Then my son ended up in the hospital for four days afterwards. I told my employer by phone. The doctor filled out all necessary paperwork and I turned it in. He put the first day of treatment on the forms and my employer said he couldn--name removed--do that. She said if my son had been in an accident it would have been different. My question is: if the illness is a sudden onset(an obstructing kidney stone) can the doctor treating the patient back date the forms when I didn--name removed--have them with me the first visit? I have been giving a lot of grieve over this and even had privelages taken away from me because I didn--name removed--have personal or vacation time left after the first day of hospitalization. Please let know if the doctor can back date the forms. I had to wait about a week to even get the forms from my employer. Thank you


Asked on 8/13/06, 9:22 pm

1 Answer from Attorneys

Alan Crone Crone & McEvoy, PLC

Re: Unexpected illness of child

There is a way for your doctor to properly fill out the paperwork to reflect when this sudden emergency occurred. Your employer can not hold this against you. I recommend you go and consult a qualified FMLA attorney to help you with this situation.

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Answered on 8/14/06, 9:20 am


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