How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask legaleagle Your Own Question

legaleagle
legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13441
Experience:  Practicing Attorney for 10 years
4622441
Type Your Employment Law Question Here...
legaleagle is online now
A new question is answered every 9 seconds

I was just asked by my employer to get a recertification on

Resolved Question:

I was just asked by my employer to get a recertification on my FLMA because I went over the allowed days per month for 3 months in a row. On the recertification recheck the doctor found that the days per month to sufficiently cover my needs did not need to be increased. However, it was discovered that I have high blood pressure and needed to get on medication for it immediately. My initial FMLA was approved for recurring Staph infections that often require surgical draining (MRSA). Word got out at work about me having MRSA and it resulted in me being called in to our onsite health services office to discuss it with the staff nurse. She told me that I did not need to be at work when my affected areas were draining. This was one of the main reasons that I went over my days allowed per month that were approved by FMLA. My concern, is my employer going back and recoding days that were previously coded by by supervisor as approved FLMA to unapproved and firing me.
Submitted: 1 year ago.
Category: Employment Law
Expert:  legaleagle replied 1 year ago.

Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.

If your employer's nurse required you to take off days related to your FMLA condition even though your doctor did not certify that you needed those extra days, the employer must allow you to have them coded as FMLA since they required you to take them off. If you employer does not code them as FMLA you have a valid complaint to file with the Dept. of Labor www.dol.gov.

Customer: replied 1 year ago.

I do not know if the nurse documented our conversation or communicated to any other staff her recommendation for me to leave the days my affected areas were draining. What if it comes down to hearsay?

Expert:  legaleagle replied 1 year ago.
The DOL will believe you because the employer did code it as FMLA at first, they can not go back and undo that unless they can prove you were not out due to the condition. If you state that you were draining on those days the employer has no way to prove you are not be truthful. In these cases the DOL is pro employee.
Customer: replied 1 year ago.

Is it legal for them to go back and recode previously approved FMLA as unapproved? Do you think I have to be concerned for my job?


 

Expert:  legaleagle replied 1 year ago.
It is not "illegal" in the since that they would be arrested but they could be fined or sanctioned by the DOL if they changed the coding when there was no reason for them to do so other that apparent retaliation. I do not think you have to be concerned for your job but since your doctor would not provide a certification for more days per month for the first condition you should consult the employer's nurse again and have her put in writing that the employer requires you to take FMLA days when you are draining even though your doctor does not think you have to be away from work.
Customer: replied 1 year ago.

Them requesting a recertification coupled with the fact that my doctor sees my former approved FMLA being sufficient, with the only noted change in the paperwork being a new diagnosis with high blood pressure, makes me fearful to confront the company nurse and ask her to document anything. People are fired from my employer on a daily basis. The company nurse probably would not do any documentation for me for fear of loosing his/her job. Does this help you to give me a more clear answer to my prior question about my job security than your last reply. I have 2 little boys and 2 mortgages. Have have had this job over 11years. I don't think the company nurse is going to be of any help to me, simply due to fear.


 

Expert:  legaleagle replied 1 year ago.
I can not guarantee you will be safe from being fired. The law does not prevent an employer from firing you but it does protect you in the sense that if they do fire you against FMLA regulations, then you can file your complaint with the DOL and you can sue your employer. Even though by firing you they are breaking the law, the employer can make that bad choice and unfortunately you are the one to suffer until you win a lawsuit and employers sometimes do this because they take the risk to see if you will actually sue them or just move on. I do not think they are looking for a way to fire you just because they asked you to recertify. They asked because you were taking more days a month than your fmla paperwork stated you needed and they are required to get you to recertify if it appears your leave need on your first certification is not sufficient.
Customer: replied 1 year ago.

Being given the fact that the doctor saw no adjustment necessary to the previously approved FMLA, not factoring in the company nurse conversation and her suggestions, is the fact of no new adjustments a reason for my employer to recode to prior coded approved FMLA as unapproved?

Expert:  legaleagle replied 1 year ago.
No the doctor not changing the days needed is not sufficient for the employer to change the past approved leave. They have to give you notice before you take the leave that it will not be coded as FMLA so from now on they may say after you go over x days provided in the certification the additional days will be unexcused and not coded as FMLA so unless they put in writing that they require you to take off for the draining days when your doctor does not, then you should work when your doctor has said you can work.
legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13441
Experience: Practicing Attorney for 10 years
legaleagle and 4 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.