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I fractured my foot on 7/30/17 and have been out of work

since. My last pay was...
I fractured my foot on 7/30/17 and have been out of work since. My last pay was on Oct. 1,2017. My employer stated that they did not receive a recertification that it only had a date of Oct 31,2017 and that it was not enough. I went back to dr. and asked for recertification form and they faxed it in yesterday with details I received a call from my case worker at my job and he stated that it was declined because it was not high warranted to condition. He would not elaborate and said I have to appeal. I dont know what I should write in letter. My foot is still weak and I have a boot and brace still? Where do I begin?
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Answered in 9 minutes by:
10/17/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,800
Experience: Exclusively practice labor and employment law.
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One reason your recertification has not been granted is that you've exhausted the 12 weeks (or three months) of FMLA leave effective the end of this month. So, even if you're not medically able to return, they no longer have to hold your position or pay you medical benefits as they did before. I'm not certain why they would say it's not related to your medical condition when your medical condition is a fractured foot and any continuing treatment you need on the foot or inability you have to work is because of that foot. In any event some companies have an internal FMLA appeal procedure you can use, which yours apparently has. You could submit your medical records, your original reason for taking a leave, and your doctor's opinion on the need for continued "off work" status. That would be all you need to do for an appeal letter. These aren't formal letters that are mandated by law to have any form to them at all. But, as I stated in the beginning, your FMLA leave is expired in any event. So, I'm not sure it's worth your time to even appeal.

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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,800
Experience: Exclusively practice labor and employment law.
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