Legal Question in Medical Leave in Virginia
Intermittent FMLA for migraines & fit for duty release
I am on FMLA at my job in Front Royal, Virginia. My leave is intermittent due to migraines and is specified on my certification by my dr that I need not see him during an episode; just rest and medication therapy. My employer is demanding a fit for duty return to work slip from my dr for my absence to qualify under FMLA. My doctor stated for me not to come to his office nor drive when having an episode & doesn't understand what my workplace is trying to do. Is a return to work slip required for intermittent FMLA for migraines?
1 Answer from Attorneys
Re: Intermittent FMLA for migraines & fit for duty release
No, as far as I am aware, only one certification from the employee's doctor should normally be required for an employee to qualify for interimittent leave under FMLA, and each time that the employee is ready to return to work (after being off on FMLA leave), she need not present a certification from her doctor that she is now "fit for duty", if this is what the employer is requiring.
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