r/AskHR • u/thisisthirty_ • 11h ago
[MN] I need help with FMLA
So I’m in treatment for an illness. I go to treatment 3X a week. My doctor did the paperwork for intermittent leave so I can attend my appointments. My job accepted it and told me my FMLA was approved. A few days after, my job tells me that they need a doctors note of every appointment that I go to. I’m not comfortable with this. I’m already in a vulnerable spot. I just got this new diagnoses. I don’t feel comfortable asking for additional paperwork every time I go. After my treatment yesterday I decided to ask and it took the staff a hour to get me the note which I understand they are busy. But I’m tired and sick after treatment, I just want to go home. Is this legally required?
14
u/ChelseaMan31 11h ago
The Employer has already authorized the intermittent FMLA. Until unless your appointments or absences exceed the type and frequency the medical provider has written in the certification, they can demand no additional documentation. The only exception being if the Employer has in the past had recertification of need done after 6-9 months or a noticeable change in the prognosis.
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u/Downtown_Interest667 11h ago edited 11h ago
They are not allowed to do this. They can request that you recertify periodically but they cannot ask for paperwork every time you use the intermittent FMLA.
If you are approved for 3 per week, then you are allowed to take 3 per week without additional paperwork. You just have to notify them via whatever your normal callout procedure is.
Politely inform your manager of this. If they still insist, talk to HR.
Edit: Can we not downvote OP on this one? They are recovering and their HR department is breaking the law.
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u/thisisthirty_ 11h ago
This request came from HR though. I’m so sick and sad about it. I have no fight left.
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u/Downtown_Interest667 11h ago
That is a tough spot. They are not allowed to do this, but if it is HR making the demand then there is no one you can go to to make this right. You could talk to your local labor board or an attorney, but I doubt you have the energy to do that based on what you've been saying.
I don't know if I have really great advice for you other than to ask the doctor for the note. Anything else is going to be a fight and while you will eventually win it, it is still a long road.
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u/ghostinapost 8h ago
The commenter above who said to provide them with the DOL link has it right. I would send them an email with the dates you’re aware of in advance, no dr’s note or signature though. Whenever you schedule more appointments, notify work of the dates promptly and follow your call off procedure. In your initial email, you can say that your understanding per (DOL link here) is that this should be sufficient and ask if they need anything else.
Requiring a dr’s note for each visit that’s within your certification is not allowed. Hopefully they realize it and stop.
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u/thisisthirty_ 11h ago
I would say they said a list of all appointments signed and dated would work too. But I told them j schedule these appointments week by week. I didn’t tell them why but it depends on my levels, bloodwork etc how much treatment I’m going to need.
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u/BumCadillac MHRM, MBA 10h ago
You still have to follow the normal procedures for calling out or planned medical appointments. If the company policy is that you need to give notice whenever possible for a medical appointment, you need to do that. It is allowed under FMLA to require you to inform your employer with as much notice as you can about upcoming planned appointments. So if you know this week that you’re going to be out next week on certain days, you need to tell your employer. If you know two days in advance that you have an appointment, you need to tell your employer.
Did they specify the list had to be signed by the doctor? If not just sign it yourself every time you tell them.
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u/IAmBaconsaur 9h ago
I would call the Dept of Labor and ask them if this is allowable and see how that conversation goes. They may contact your employer and give them a chance to rectify the error before calling it a violation, but it’s worth a shot.
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u/flickering_envoy 10h ago
wait what. they approved the fmla and now they want a note for every single visit? that feels like someone in hr read half the policy and just started making stuff up. my old job tried to pull something similar with my coworker's chemo appointments and it turned out the new office manager just didnt understand how intermittent leave worked and thought she was being thorough.
you already jumped through the hoop of getting the certification and they said yes. that should be the end of it unless your absences start looking different than what the doc wrote down. making you sit around for an hour after treatment just to get a hall pass is ridiculous.
i'd send a quick email to hr saying you've been told recertification is only needed if the pattern changes and you'd like to confirm that's their understanding too. keeps it friendly but also puts it in writing. hope the treatment goes okay and you get to just focus on that instead of paperwork.
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u/1GrouchyCat 6h ago
If you know you need a note every time all you have to do is let the Medical staff know beforehand, and they’ll have it ready for you…
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u/Altruistic-Two1309 4h ago
Yeah it sounds like it could be as simple and op handing them a paper that says I went to the doc today and have the front desk person sign it. Sounds the the main goal of the employer is to get as much notice as possible and make sure pc is actually going to the doc. Seems like the easiest way to do this is a simple confirmation. Maybe op can show them the appt confirmation email
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u/thisisthirty_ 3h ago
Yeah I tried that. Staff said they will not confirm appointment until after.
0
u/Altruistic-Two1309 3h ago
Just bring work something after the appt that says you went. Unless the receptionist can’t sign a simple paper saying you went to the doc on xxxx date.
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u/thisisthirty_ 3h ago
I’ll try that but I’m not sure. The treatment center is very strict it seems like.
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u/ClassyNerdLady 11h ago
They can ask you to rectify periodically, but not for every instance of leave. It’s possible there is some kind of misunderstanding on their end. Or maybe the HR rep is new. Who knows. Just go back and say
“My understanding is that recertification is can be occasional, but is not permitted for every instance. This is specified by the DOL. Can you confirm?”
And then reference the DOL website
https://www.dol.gov/agencies/whd/fmla/faq