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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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Can my work force me to take FMLA and demand my medical records?

Customer Question

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
Expert:  Allen M., Esq. replied 2 years ago.
Are you missing work due to an illness? What is causing them to ask about your medical situation?
Expert:  Allen M., Esq. 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.