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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I was provided Form WH-380-E Certificate of Health Care Provider

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I was provided Form WH-380-E Certificate of Health Care Provider for Employees's Serious Health Condition (Family and Medical Leave Act). Am I required by law to have the doctor fill out the information and forward to my human resources department?

wallstreetfighter : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
wallstreetfighter : You are not required by law to complete the form, however if you wish to take time off from work due to an illness or serious medical condition of you or your family,
wallstreetfighter : FMLA, is the only job protection you would have.
wallstreetfighter : The form is to be completed by a health care provider,
wallstreetfighter : and it is the form that will allow you to apply for FMLA,
wallstreetfighter : without the form being completed, the employer does not have to provide any medical leave.
Customer: So then I have to fill out the form for FMLA? I submitted the short term disability form directly to the insurance carrier because of the confidentiality.
wallstreetfighter : disability is different,
wallstreetfighter : FMLA, is for job protection when you are out,
wallstreetfighter : the employer can actually terminate you if you are on disability,
wallstreetfighter : but not with FMLA, which gives you 12 weeks, of medical leave, and job protection
Customer: I already have the papework entitling me to FMLA, Form WH-380-E was included in the paperwork, do I need to send it back to them completed by the doctor? It does have alot of confidential information that I would rather not disclose to the hr department.
wallstreetfighter : yes, you would have to have it completed,
wallstreetfighter : if you were approved for FMLA, they must have obtained your medical history from another source, so you should find out
Customer: ok, Thank You
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