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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15591
Experience:  Employment/Labor Law Litigation
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I am my husbands caregiver, but apparently my employer does

Resolved Question:

I am my husband's caregiver, but apparently my employer does not believe that he is as sick as I have advised. Are there any forms I should fill out to clear any doubts of his condition and that I take care of him?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Are you trying to use FMLA for the time off that you are taking to care for your husband?
Customer: replied 11 months ago.


No, I use both my sick leave and if needed vacation time. I have recently learned that my employer is starting to doubt that my husband is as sick as he is and I do not want a confrontation, therefore I thought maybe there is a way that I can legally prove it if it becomes an issue.

Expert:  Allen M., Esq. replied 11 months ago.
Ok. Why aren't you using FMLA?

Does your employer not have enough employees (at least 50)?
Do you not have enough time that you have worked there? (12 months)
Customer: replied 11 months ago.


We are a group of 7 and I have been working at this agency since 2002, I am the only one left from my original crew

Expert:  Allen M., Esq. replied 11 months ago.
Ok. So, FMLA is not available to you. If it had been, the answer would be easy. Just have the doctor fill out an FMLA form.

Here, you are just talking about the use of an employer's sick leave policy and how that employer conducts it. There isn't any outside law imposing on an employer what they legally must accept as evidence sufficient to allow sick leave. In fact, there isn't any law (except in a very few cities across the U.S., and you aren't in one of them) requiring sick leave at all, so an employer has a great deal of discretion in how it operates that policy. So, there just aren't any specific forms, because there are not any statutes imposing on the employer what they must accept.

So, you'll have to work with your husband's doctor on a document that would demonstrate some degree of illness on the part of your husband, without having to give the employer too much information (protecting his rights).

Your doctor should be able to obtain you a note stating that your husband is ill and does benefit from/require certain care.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15591
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 2 other Employment Law Specialists are ready to help you

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