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I was looking for advice for my mother who is having issues…

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Hello,I was looking for advice...
Hello,I was looking for advice for my mother who is having issues with her job due to a knee injury. She has been out of work for a couple months now dues to the injury. She has provide the job with doctor’s notes excusing her from work. She recently found out she has to have surgery. She gave them another note stating that she has to be out because she has to have surgery. While the age has been out of work, the manager keeps emailing her to resend doctor’s notes that she has already emailed and she just emailed her that she needs a note that has her diagnosis, injury and Illness on the note for them to have on file. Most people we talk to say it is illegal for them to ask for a diagnosis. The note she already provided stated that she has to have knee surgery. Is there anything else she has to legally provide? Is this a form of harassment? I would like to also mention while she has been out sick, she get texts from the manager and other coworkers to do orders for the store while she is out sick.
Submitted: 3 months ago.Category: Employment Law
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3/9/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,234
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

How many employees does your mother's employer have? Does she have any idea how much longer she'll need to be off work? I very much look forward to helping you on this matter.

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Customer reply replied 3 months ago
My mother is a store Worker at the Commissary which is a government facility with locations on all military bases. This is considered a federal position. She is not a supervisor, so she does not have employees underneath her. There is about 40 employees at that store. She needs 6 weeks of for each knee, the surgeries will be spread out. She will be able to return between surgeries. The first time she took time off work was because the job told her they could not work with her limitations that were given by the doctor because of the injury. The job consists of a lot of heavy lifting, bendind, and standing. Everytime she summits a doctor’s note or call to talk with them they ask for a lot of information regarding her diagnosis and details about the visit. Thank you.
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Thank you. Has she been employed for at least 12 months?

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Customer reply replied 3 months ago
She has been ther for over ten years.
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Thank you. So in that case she would be entitled to 12 weeks of protected leave under the Family Medical Leave Act. This will hopefully be enough to cover both of her surgeries. Here is the form she needs to fill out: https://www.dol.gov/whd/forms/WH-380-E.pdf

Her employer is not entitled to specific information regarding diagnosis, or medical records. Under the Americans With Disabilities Act ("ADA") they are entitled to keep her off work so long as she cannot perform all the essential functions of her position with reasonable accommodations. However, under the ADA they are also required to extend her FMLA protected leave for so long as doing so does not result in undue hardship. They cannot take any retaliatory action against her for not responding to work related communications while on FMLA leave or on an extension of FMLA leave. Such communications could rise to the level of "harassment," though it's hard to argue that any significant damages would result from such harassment. Still, such communications clearly evidence her employer's disatisfaction with her leave and could be used as evidence of retaliation in the event she is eventually let go or has other adverse employment action taken against her. Therefore, this should be documented.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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