New York, NY asked in Employment Law for New York

Q: If I have FMLA paperwork on file for intermittent leave can my employer ask for additional doctor notes?

My FMLA paperwork is for intermittent leave to allow for frequent doctor visits and sick time due to a chronic serious health condition. Does my employer have the right to ask me for a doctor's note every time I take FMLA leave (even if just a few hours)?

Related Topics:
2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: It depends. Generally yes.

You should speak with an employment lawyer about your job, its duties, your position and responsibilities, the condition you have and its effects. You need to analyze the big picture and place yourself in an employer's position. Then you will know whether you are being treated equally or for lack of a better word "fairly" although that term is not a "legal" one. Nothing in law has to be fair jus legal. We need to know what you do and who you work for to even begin and that is a private discussion.

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Livingston, NJ
  • Licensed in New York

A: Your Dr. should write a letter sufficiently detailing the type of things an employer can expect in terms of your absence. You may have some ADA claim here. If you would like to reach out to me via email privately we can discuss further.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.