How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

i have a intermittent FMLA claim open, i am required to recertify

Resolved Question:

i have a intermittent FMLA claim open, i am required to recertify every 6 months, my doctor estimates 3 occourances and estimates a duration of 3 days each per 6 month period.The corporate nurse gave me approval for 3 occourances 7 days duration over a year period for a total of 210 hours, is this within their rights to hold me under 12 weeks and not follow my doctors diagnosis??
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

The employer is not typically permitted to modify the amount of time required or estimated by your physician. The only basis for them denying the time recommended by your physician is if you have exhausted your FMLA leave typically.

If they discipline you for the absences that should be excused under the FMLA as prescribed by your physician, it is best to retain a local employment law attorney to communicate with the employer since a lawsuit could be filed against them for violating the FMLA, which prohibits employers from retaliating against employees for taking FMLA leave.

Here is a link with more information:

I hope you found my answer helpful; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Tina and other California Employment Law Specialists are ready to help you