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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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When taking temporary disability, what paperwork is required

Customer Question

When taking temporary disability, what paperwork is required to give your employer? Is the Disability Certificate Letter from my doctor legally sufficient?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 5 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. If your employer has 50 or more employees and you have been working for at least a year, you would typically fill out this form, which is the form necessary for designating your leave as FMLA protected leave. If you do not meet the requirements described above, you would not typically qualify for FMLA leave and in that case you would simply provide your employer with a doctor's note indicating how long they were putting you off work. There is no special form in that instance. I hope that you find this information helpful.
Customer: replied 5 months ago.
Thank you for responding. I already knew that FMLA does not apply as we are less than 50 employees. My employer is playing games and is now stating they need the State of NJ temporary disability form filled out by myself and my doctor. My employer did sign Part C with my wages . I'm not sure why they would need this as I feel the doctors note would be all they needed.
Expert:  Patrick, Esq. replied 5 months ago.
Providing such form is not legally required. Under the Americans With Disabilities Act, employers are only entitled to reasonable medical verification of an employee's disability. That is all it takes to trigger the employer's obligation to reasonably accommodate the employee's absence.
Customer: replied 5 months ago.
Thanks Patrick. I thought so,but sadly the employer is changing the whole dynamics of the office. This includes removing me from the role of practice manager and assigning another person ( who gets spoon fed info from another employee) to this task. This was done two days before I was put on disability. I know he is not obligated to keep me in my same position when I return, but I would still get my same rate of pay. Sadly, for the past 1-2 years the work atmosphere has been hostile and I would prefer not returning to that environment. I'm trying to empower myself with any info to help me make some wise decisions
Expert:  Patrick, Esq. replied 5 months ago.
I completely understand, I am very sorry to hear about these circumstances. Hopefully I have given you some information that will enable you to proceed forward in the best possible manner.
Customer: replied 5 months ago.
If I choose to pursue the hostile work environment situation, what type of lawyer can assist me with that?
Expert:  Patrick, Esq. replied 5 months ago.
Any employment lawyer would be able to assist you with such a claim.
Customer: replied 5 months ago.
Thank you Patrick. So that includes you.
Expert:  Patrick, Esq. replied 5 months ago.
Unfortunately we are prohibited from representing customers of this site. You would need to retain a local employment attorney. is a useful directory for that, as is I hope this helps. Please don't forget to positively rate my service before leaving if I have answered your questions. Best, Patrick
Customer: replied 5 months ago.
Hi Patrick. My employer also paid me vacation time (7 days worth) after I filled out and sent in my disability forms . FYI ... I only accrued 4 1/2 days before my disability started and should not have received vacation pay anyway . I was replaced by someone who does not know my job . It's just two weeks and I should be hearing from disability soon but I had marked that I had not received any vacation pay . 1) should they have paid me vacation time? 2). Will this give disability cause to deny me and/ or hold up the process?
Expert:  Patrick, Esq. replied 5 months ago.
Hello, Thank you for following up. Since these are new questions, please kindly ask them in a new question thread and I will be more than happy to assist you there. Also, please also do not forget to positive rate my service for the answers already provided, as this will enable me to receive credit for my time. Best, Patrick
Customer: replied 5 months ago.
New questions but all related . They are follow-up questions on the same topic, which perhaps I should have included with the first question asked.
Thank you anyway.