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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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i have a intermittent FMLA claim open, i am required to recertify

Resolved Question:

i have a intermittent FMLA claim open, i am required to recertify every 6 months, my doctor estimates 3 occourances and estimates a duration of 3 days each per 6 month period.The corporate nurse gave me approval for 3 occourances 7 days duration over a year period for a total of 210 hours, is this within their rights to hold me under 12 weeks and not follow my doctors diagnosis??
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

The employer is not typically permitted to modify the amount of time required or estimated by your physician. The only basis for them denying the time recommended by your physician is if you have exhausted your FMLA leave typically.

If they discipline you for the absences that should be excused under the FMLA as prescribed by your physician, it is best to retain a local employment law attorney to communicate with the employer since a lawsuit could be filed against them for violating the FMLA, which prohibits employers from retaliating against employees for taking FMLA leave.

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