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1. Is my employer entitled to request the medical records of my husband since my FMLA is for his serious medical condition? His doctor filled out all the forms but my husband does not want my employer looking at his medical records. 2. Can my FMLA absences be held against me as far as attendance with my employer? I do not get an incentive bonus but I do get a review which was lowered because of approved FMLA absences. Thanks
State/Country relating to Question: Washington Already Tried: I have tried to get an answer from my HR department but they are not very helpful. I work in a Children's hospital in Seattle, WA and lately it does not have a friendly employer to employee working environment. I was told that my FMLA would not count against me but yesterday in my review, although all my evaluations were exceeds I only got a "meets standards" d/t the absences and they made me use all my vacation and sick time for all my absences even though it FMLA states I can get "Unpaid leave". Thanks.
Are these two separate questions? If yes, when was your FMLA leave taken?
I originally applied for my leave in 2008. My husband's doctor extended it for the full year of 2009 and re-certified it in June for the rest of the year. My husband has epilepsy. He was seen this year alone more than 30 times. My employer has made me exhaust all my vacation and sick time and now my supervisor gave me a "meets standards" review since I was out on approved leave.
I am confused. Please separate your questions. When did you take YOUR FMLA leave? You mentioned your husband's doctor but I'm asking you when you took your FMLA leave?
My original paperwork was filed in 12/08. Recertified in 6/09.
To answer your FMLA question, yes, the employer has the right to apply your paid leave to your FMLA leave. They have the discretion to do this under the law. The law does not allow them to use your FMLA approved leave against you, however. That is considered retaliation. If, however, you are not meeting standards and it has nothing to do with your absences, that would be a different story. As for your husband, yes, the employer has the right to access his medical records if he is requesting FMLA leave. The employer has the right under the law to ask for medical certification as to why the leave is necessary. If he refused to provide this certification, he can be legally denied FMLA leave since he will have failed to abide by the requirements.
I am the employee...not my husband. The FMLA is for a family member. I think I said "I work for SCH and my husband has epilepsy" Can they still access his records?
Ahhh okay. I misunderstood. That is why I initially asked if you were asking 2 separate questions. Yes, if you are requesting FMLA leave for his serious medical condition, you still need a medical certification form from his doctor informing the employer of his condition so that the employer can determine if his condition meets the requirements of "a serious medical condition." Sorry for the misunderstanding!
I know that. I already did that. Does my employer have the right to call and ask his doctor about his condition since he is not the employee?
Not without permission unless the phone call is just to clarify something in the medical certification.
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