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I am applying for FLMA as a result of my wife's eye surgery…

Customer Question
I am applying for...

I am applying for FLMA as a result of my wife's eye surgery which rendered her unable to see for 4 days. The physician completed the form and the company my employer uses to review and determine validity as determined this is not enough. What is my recourse?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

The manager claims no knowledge, the HR person is consistently unavailable. No I have not discussed it with a lawyer.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Ironically, I work for a hospital as a community outreach manager.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am 71 years old

Submitted: 1 month ago.Category: Employment Law
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Answered in 3 minutes by:
12/29/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 1 month ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,639
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I would tell the employer that if they don't explain to you what they need, you will file a complaint with the Department of Labor for FMLA hindrance, which is a legal violation.

You have provided them FMLA paperwork from a medical professional. They need to explain why that isn't "enough" and tell you what is enough. It doesn't matter that they use an outside company for these things, they are legally liable.

Filing the complaint is a protected activity, meaning you can't be retaliated against for doing so. In fact, threatening to make the complaint is also a protected activity.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,639
19,639 Satisfied Customers
Experience: Employment/Labor Law Litigation

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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).

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