Legal Question in Medical Leave in Virginia

can he do this?
I was placed given interminent FMLA for my neck(degenerative disc disease) almost a year ago.During this time i called into work told them i was taking FMLA and then within the 30 days my employer requested i went to my doctor for a work excuse.Well this time i went to my doctor and he just plain refused to give me a note saying ''i was milking the system'' so on and so forth.(he never actually told me this he wouldnt return my calls and refered the message to nurses and the office manager)Since I did not get the excuse from him and I didnt have any ''no fault time'' to cover it I have been terminated. I have asked around and have heard that as long as he approved it a year ago he cannot deny me an excuse per government law. Is this true?It was never a problem before this went on every month for the last year and nothing was said untill now. I have no clue what to do and am out of a job,the same job that turned down my workers comp claim for a back injury,and the same job i needed for my insurance to go to the doctor as they put me on a LOA because my claim was denied..I need help!!

Asked on 10/20/05, 2:07 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: can he do this?

Under the Family & Medical Leave Act where the employee is taking leave on an intermitent basis

for a chronic type condition, the employer can require that the employee provide periodic updates from a doctor in order to verify the

continuing nature of the condition. If such verification is not or cannot be provided, then the employer has no obligation to continue the

employee on its employment rolls.

(You, perhaps, should've attempted to get another doctor on your case.)

Answered on 10/22/05, 11:56 am

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