Legal Question in Medical Leave in Virginia

Doctors Note

My mom is having a problem with her job, she has the Family Medical Leave act for my dad who has Cancer and has had it for over a year now. All of a sudden she was asked to get a doctors note. I was under the understanding that is why she took the family medical leave act, not only to hold her job, but so she wouldn't have to get a doctors note. She can't get one if she is at home taking care of him. In the paper work that she had to get filled out in order to get the Family Medical Leave stated that there would be days that she would have to stay home with him, along with taking him to the doctors. Can you help me with this qusetion so that she can go to her boss or even higher up with the right facts?


Asked on 12/08/02, 6:20 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Doctors Note

You give no indication whether your mother has exhausted her 12 weeks of leave or, perhaps, is nearing the end of the 12 weeks, which may be why

her employer is now asking for the note from the doctor confirming the continued existence of the conditions which originally qualified her for the leave.

The FMLA* gives employers the right to require the following from employees utilizing the Act:

1. medical certification supporting the need

for leave due to a serious health condition

affecting the employee or an immediate family

member;

2. second or third medical opinions(at the

employer's expense)and periodic re-

certification; and

3. periodic reports during FMLA leave regarding

the employee's status and intent to return

to work.

* CFR Title 29 > Chapter 28 > Sec. 2614.

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Answered on 12/08/02, 11:11 pm


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