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 Marsha411JD Your Own Question
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20401
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I was off work week with a sprained ankle but have been

Customer Question

I was off work for a week with a sprained ankle but have been cleared by doctors statement to return to work. They say that since I was off more than 2 days I am required to apply for fmla. I don't feel comfortable giving my employer or anyone else access to my medical and financial information. can they make me fill out the paperwork against my will?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question. No one can make you use FMLA against your will, unless you are in a union and the bargaining agreement requires it. However, your employer may use your absence against you for attendance purposes if you refuse to use your statutory right to FMLA, which is the only way you have job protection by law. So, it is your choice, again unless there is something tied to a contract or paid leave that requires it. Please note though that the certification information that your doctor submits for your FMLA must be kept confidential by the employee in charge of FMLA issues. Please feel free to ask for clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.