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I am a postal worker that suffered an injury on the job two…

I am a postal...

I am a postal worker that suffered an injury on the job two years ago that will cause sporadic flare ups every once in a while. In order to protect myself I filed for FMLA to use some of the hundreds of hours of both sick and vacation leave I have when I need to leave. The problem is that my employer keeps giving me the run around and seems to be creating rules that contradict what the DOL FMLA instructions outline. My doctor is being strong armed to provide specific times and days that the flare ups will last and told specificaly that 'unknown' or 'cannot predict' are unacceptable answers. My condition doesnt work on a schedule.

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

I have already allowed them to see the very specific diagmosis that makes this abundantly clear. I have not spoken to an attorney

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

I belong to a union that is family with management. I am on very good terms but will not go to them with this.

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

Just want to know if my employer is ammending to FMLA requirements as it suits them

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Answered in 4 minutes by:
3/29/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
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.

(The system will automatically generate a phone call request to you. I intend to just use this chat format as I am not accepting phone calls at this time).

Where times and frequencies can certainly be requested when they are possible to be given, intermittent FMLA leave can be granted by a medical professional, which doesn't predict the days and times that it would be needed.

At best, ***** ***** could give approximate numbers of times it may be needed each month, with any significant departure from that requiring a reevaluation from the doctor.

If your employer won't accept that intermittent leave certification, it's time to contact the Department of Labor to file the FMLA discrimination/hindrance claim.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 4 months ago
Is my doctor allowed to over estimate the leave I will need in order to cover these periods or can that be used against me. It really looks like they are trying everything to get out of approving my FMLA.

The doctor can give an estimate that errors on the side of caution, presuming more potential use than is needed.

The employer can't use that against you, as you'd be using it less than anticipated and they can't complain about that. The employer can complain if the doctor estimates 3 days a month and you used it 10 days a month.

So yes, it is better to over estimate than under estimate.

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Customer reply replied 4 months ago
Thank you, ***** ***** provide my doctor with this knowledge and believe we will go the over estimate route.

Good luck going forward and if they persist, don't hesitate to pull the trigger on contacting the DOL.

It is their job to enforce this law and they take it pretty seriously. Employers try this all the time, as a means of making it difficult to use. When the DOL comes to investigate, employers tend to see the light.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
Experience: Employment/Labor Law Litigation
Verified
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