Legal Question in Employment Law in Virginia
I work for a large utility company in Virginia. I have worked there for 24 years. I am covered by a Union Contract. I have 2 open FMLA Claims. My FMLA certification states that i will need to miss work for intermittently for episodes and treatmet. My Union Contract states " A Doctors certificate in not normally required unless circumstances warrant". The company keeps a record of sick leave usage of course. Since my Doctor has certified the FMLA papers and the company accepted them do they have the right to ask me to provide a doctors certificate? This was done not when i reported off sick but when i called to return. Also does a supervisor have the right to ask me what is wrong with me and what the symptoms are? Is this not a privacy notification. Thank You very much for your time.
1 Answer from Attorneys
One initial certification from your treating physician attesting to the medical necessity for the intermittent leave and its expected duration(s) should
be sufficient under SEC. 103 (b) SUFFICIENT CERTIFICATION)(5)(6). Family & Medical Leave Act (1993).