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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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My employer's absent management scheduled me to go to a second

Customer Question

My employer's absent management scheduled me to go to a second opinion for my FMLA intermittent usage. I went and the Doctor was a no show. When I filed a grievance on this matter they stated they did not violate any contract agreements. Also they are telling me I have to go to another appointment or lose my FMLA usage.
Did I mention that the first appointment was an hour away from my house.
This second appointment is 40 minutes away. Is this right. If I didnt show up id lose my FMLA usage, yet when the Doctor doesnt show up its OK to send me on another wild goose chase!
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. I agree that this is extremely frustrating. However, here it is the doctor that did something wrong, not your employer. Your employer does not have any control over a doctor failing to show up for an appointment. This is extremely unprofessional on the doctor's part, but it probably does not meant that your employer is deprived of its right to a second opinion. Now, I suppose you could argue that you technically complied with your employer's request for a second opinion and that they are not entitled to any further confirmation of your condition. But if you did that, there is a good chance you would be fired. Then, you would have to prove in court that your employer violated the FMLA. That process would take a year or more and cost several thousand dollars. If this whole thing could be avoided by simply going to another doctor's appointment, that would make far more sense. Yes, it is an inconvenience and certainly frustrating, but the alternative--trading your job for a lawsuit--is much worse. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
Expert:  hrpro37 replied 5 months ago.
Good Afternoon,While I can see how you would be frustrated, your employer does in fact have the legal right to request a 2nd opinion (and even a 3rd-called a tie-breaker opinion). Keep in mind though that your employer should be paying for all expenses related to these additional doctor visits and should reimburse you for mileage to and from the appointments. Feel free to ask follow up questions and please rate me if you have a moment (I don't get paid otherwise!) Thank you!Amber
Customer: replied 5 months ago.
This second appointment is with the same doctor that didn't show up to the first appointment. Just a different location. I even had a witness on the phone from the company that sent the letter calling the doctors office because it was in the office suites at the mall. If you are not familiar with how to get to the office you can easily be walking in circles as which I basically for forty five minutes. The address was 2500 North Mayfair Rd. Not being aware of the location is arrived 20 minutes early then called the number on the notice twice. Both times I had no answer. So I called the issuer of the letter, she for the next forty-five minutes tried to contact this Doctor and also helped me find this office. If I didnt have this witness it was like they were trying to set me up to be a no show.
Expert:  hrpro37 replied 5 months ago.
That's very frustrating. Are you an hourly employee? If so, your employer should compensate you for the time you are taking to go to these appointments. For now, in my opinion you should keep your make-up appointment and try to get it completed. If the Doctor is a no show again I would speak to your HR representative and maybe they will be open to using another Doctor. Thanks, Amber
Expert:  Patrick, Esq. replied 5 months ago.
Asker, I am the original responder to your question. It seems that due to a site glitch Ms. Williamson picked up with you after my initial answer. I will be happy to address any remaining concerns you may have. Best, Patrick
Customer: replied 5 months ago.
Yes I am an hourly employee, I just don't trust this place especially when the chairperson during our Christmas meeting basically said that they are going to be going after every one who uses FMLA.
This company would be a much better company if it would fix things correctly the first time instead of temporarily fixing machine until it completely fails.
I get that there are people who abuse FMLA. I've seen some people come in look at their stock of what they have to run and next thing you know they using their FMLA because mysteriously they don't feel good. Yet, being penalized for when your on ten different meds and you still can't function. Questioned because they think your not legitimate. You think I like taking all this craps!
Expert:  Patrick, Esq. replied 5 months ago.
I completely understand your frustration and need to vent. Is there any other legal question concerning this matter that I can assist you with? If so, please let me know....

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