Q: My doctor provided me documentation approving 3 days off per month for my medical condition. I went over that time
and my employer is canceling my intermittent request and stating they will not honor even the 3 days unless I get an updated doctor's note the excess time was approved. They are not honoring the 3 days and putting the other day under regular attendance guidelines. They are also stating the recertification will be at my expense. Is this legal?
A:
More information is needed to respond completely.
However, assuming this is a California, Private sector, non-union employer with at least 5 employees and that you have a bona disability, then they need to accommodate your disability reasonably. If you have documentation for 3 days of intermittent leave, then they need to honor that unless it would be very burdensome to do so. Based on what you wrote, it would be a violation of law to "cancel" it.
If you need additional time, then they need to honor that as well unless it would be a very burdensome to do so.
The employer does not actually need additional medical documentation to accommodate you since they can believe your own report of disability and needed accommodation. If they want medical documentation I would cooperate with them by getting a doctor's note. Generally, they cannot shift the cost of their own needed documentation to you, but I do not know enough to say that with certainty in your case.
There are other laws that may assist you, including the FMLA, sick leave statutes and workers compensation law. I have not addressed those here.
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