Legal Question in Medical Leave in Virginia

Fmla

My son has astma it is a chronic disease that can occur at any time. I was told from my boss that even though my sons doctor has filled out thr fmla forms that every time i am out due to this disease i have to supply a doctors note. My doctor however says that every time my son is out does not mean he needs to go to his doctor. That is why the forms are filled out. I can understand if it is 3 or more days but if it is only 1 day do i have to supply a doctors note every time?


Asked on 4/03/08, 12:12 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Fmla

SEC.103 CERTIFICATION (FMLA)

(a) IN GENERAL---An employer may require that a request for leave (FMLA)...be supported by a certification issued by the health care provider of the eligible employee

or of the son, daughter, spouse, or parent of the employee, as appropriate.

(b) SUFFICIENT CERTIFICATION--- Cerification provided under subsection

(a) shall be sufficient if it states:

(7)in the case of certification for intermittent leave or leave on a reduced leave schedule...,a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the son, daughter, parent, or spouse

who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.

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Answered on 4/03/08, 8:45 pm


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