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Relating to fmla. I believe my employer violated the law by…

Customer Question
Relating to fmla. I...

Relating to fmla. I believe my employer violated the law by requiring doctors notes for each absence, while I had already been certified for intermittent leave. I believe there is a limitation time wise in pursuing a complaint. This happened approximately four yrs ago. I never realized that wasn't legal till recently. What is the statute of limitation regarding that?

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

No

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

At will yes, union no.

Submitted: 3 months ago.Category: Employment Law
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Customer reply replied 3 months ago
nevermind,how it neglects to say its 38 dollars beforehand is bullshit.
Answered in 21 minutes by:
5/6/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,397
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. The FMLA does provide up to 12 weeks of unpaid leave for medical or family reasons (e.g., birth of a child, caring for a sick family member, etc.). An initial medical certification may be requested by the employer. Subsequent recertifications may also be requested from time to time for intermittent leave and when such leave is taken more than once in a given year. In most cases (but not all), the employer should not ask for recertification more often than every 30 days. If the original certification provided estimated dates of expected leave and your leave was generally consistent with that certification then additional requests may not have been appropriate but if there wasn't any specificity as to when leave would be taken and/or end, then recertification/doctors' notes may have been permissible.

Unfortunately, even if your employer did violate your FMLA rights, the statues of limitations for violations is generally 2 years, unless the violation was willful (knowingly violating the act), in which case the statute of limitations is 3 years. If this occurred more than 3 years ago, the statute has run and you will not be able to bring a claim.

I hope this information helps. I also just saw your comment on the cost. I am sorry about that. I do not set any pricing but am merely an attorney who answers the questions submitted; so I hope I was able to help answer your questions. If I can be of additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

I just wanted to check in to see if you needed any further assistance.

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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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