Legal Question in Medical Leave in Virginia

serious medical condition

I recently missed 4 days from work because of fever, chronic coughing up thick green mucus until vomitting, sore throat and wheezing. Even after returning to work (I am on the phone 8 hours a day with customers) I would have to mute my customers while coughing up phlegm into my garbage can. My doctor prescribed me antibiotics (z-pack) and 2 rounds of cough syrup with codeine. He filled out the FMLA paper work noting all of the above and wrote an additonal note stating that I was to ill to work for the 4 days that I was absent. I have been denied FMLA stating my doctor didn't not provide evidence of a serious medical condition. I am going to be suspended without pay for at least 10 days. I am considering hiring a labor lawyer. What exactly does qualify as a serious medical condition?


Asked on 3/27/07, 2:57 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: serious medical condition

A serious medical condition for FMLA purposes is normally one which is described as such by a properly qualified and credentialed M.D.

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Answered on 4/05/07, 10:42 pm


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