Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

Can my work force me to take FMLA and demand my medical records?

Customer Question
They think i have a...
Can my work force me to take FMLA and demand my medical records? They think i have a disability and they are demanding several doctor notes and forms to be completed. Can i refuse? I am an at will employee.
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
5/4/2015
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,441
Experience: Employment/Labor Law Litigation
Verified
Are you missing work due to an illness? What is causing them to ask about your medical situation?
Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
I'm not sure if you saw my questions. I asked them because they are legally significant. In employment law, that FMLA specifically allows an employer to require an employee to use FMLA when they are missing time to an illness or injury. The employer is, in fact, required to offer the use of FMLA when they are made aware that there is a potentially qualifying illness or injury causing absences. This is why I asked if you are missing time from work. If you have been, the employer has the legal right and obligation to give you the FMLA forms and ask that they be filled out. You can certainly refuse, but any time that you miss will then not be protected by FMLA and will subject you to termination as an "at will" employee.
Ask Your Own Employment Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,441
19,441 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,441 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
In Arkansas, under Arkansas EMployment Laws and under the
In Arkansas, under Arkansas EMployment Laws and under the laws of the US Dept of Labor, is it legal to ask an employee that drives a company owned and insured vehicle to pay 1/2 or all of the deductib… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
FMLA protects job rights for up to 12 weeks. Does Worker's
FMLA protects job rights for up to 12 weeks. Does Worker's Compensation law protect or provide return to work rights beyond 12 weeks (assuming we run WC absence concurrent with FMLA absence)? (Questio… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Second opinion] My husband went out on FMLA effective Oct 5,
second opinion] My husband went out on FMLA effective Oct 5, 2017 for what was to be a 3-4 week leave for surgery/recovery for his colon. His company said he had to use his vacation time then after 29… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I have an employee out on FMLA that was to return on January
I have an employee out on FMLA that was to return on January 3rd. They have not been in correspondence or called, returned calls ect. Their paperwork states that they would be out for 6 weeks. They st… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My 12 weeks of my FMLA expires but I�m still out on
Second opinion] My 12 weeks of my FMLA expires but I�m still out on disability my manger tell me that they can replace me if the want to since I�m noblonger protected I see that true… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
If an employee has fmla for bronchial issues and uses a
If an employee has fmla for bronchial issues and uses a spray agent that could trigger it when theyre not suppose to be using it anyway is that something that fmla is held accountable for? Its self in… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I'm looking for an expert in both "employment law" and
I'm looking for an expert in both "employment law" and "criminal law," for I'm not sure whether my question falls under the "employment law" category or the "criminal law" category or both. On Sunday,… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
Are you familiar with employment law in Arizona? Full time /
wrongful termination, sexual harrassment misconduct/cover up, hostile work environment, retaliation.....hi-profile employer, out of fear and fiancial panic, took severance and signed. first, any severance in hospitality is unheard of....employer offered me two months, i countered at 6 months and then agreed to five months because of financial situation...to me, this reeks guilt?....can i still pursue complaint with EEOC? I have multiple witmesses to sexual misconduct and did in fact inform management....too much too type...ugh … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I am current with STD and FMLA. The thing is that by when my
Hi, I am current with STD and FMLA. The thing is that by when my FMLA is over I won't be healed yet and fit to return to work. It might take at minimun 112 months more. How will this be handled? what … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in las Vegas and my employer put me on mandatory FMLA
I live in las Vegas and my employer put me on mandatory FMLA until I got a doctors release...well I jumped through there hoops and have been out of work for two weeks but keep hearing that they can't … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Settlement reached in fmla wrongful termination, deposition
settlement reached in fmla wrongful termination, deposition given fmla violation was disregarded rather my past rcords were uses to justify reasons for my termination excessive absenteeism which was d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x