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 Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Employment Law
Satisfied Customers: 20012
Experience:  Attorney at law and Just Answer Legal Mentor
1723468
Type Your Employment Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

I work for TSA. I have approved FMLA. I took five weeks off

This answer was rated:

I work for TSA. I have approved FMLA. I took five weeks off work after a recent hospital
visit. Upon my return to work I had a doctors note saying I had been seen. I was told by a manager that was not good enough, that I needed a note that said I was fit to return to
duty. Now I am told I need another note that says I was under doctors care from the start
date of my five week to my return date. I feel my rights are being violated. My employer has
my fmla documentation and two notes already. Whats your advise. Do I need an attorney?
Based on the information provided the employer can legally make the request for separate and multiple requests for medical documentation and/or FMLA certification from your doctor. Different documentation may be required for considerations of reasonable accommodations under the Disability Act. Separate Documentation may be required if you were getting paid for sick leave. In other words, different personnel may require different types of notification for different purposes (such as accommodations, pay of sick time, etc...).

Your handbook on FMLA may discuss the type of documentation needed. If you met with all of those requirements, then I would suggest you speak with a lawyer, but based on the information you provided, their requests are reasonable. Now if an employer is threatening to deny you wages or other eligible benefit on condition that you produce such documentation then you may have a case under a wage claim dispute or retaliation for having exercised FMLA.

Further resources on the subject for your consideration:

http://federalfmla.typepad.com/fmla_blog/2007/11/employer-may-re.html




http://www.dol.gov/dol/topic/benefits-leave/fmla.htm


http://www.dol.gov/whd/regs/compliance/whdfs28.htm





Please click accept, and I can help with further questions if you have them.

_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Attorney & Mediator and 5 other Employment Law Specialists are ready to help you
Customer: replied 6 years ago.
If I had informed you that I was taking my fmla without compensation or using any of my sick or annual leave. And are threatening to place AWOLs on my Federal Record.Would your answer still have been the same?
Thank you for your accept and additional information.

I would need to know the reasons why HR would want to mark you AWOL and why they don't consider the documents you have provided sufficient. Depending on their explanation then my answer would change.


_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.