Legal Question in Medical Leave in New Mexico

Physician

My physician is in a city (Denver)500 miles away. My company has a very strict attendance policy and without FMLA I could lose my job. I live in Las Cruces, NM. I need treatment every 2 weeks. My physician won't complete the paper work as he doesn't feel FMLA is warranted. I must travel and lose at least 1 day of work every 2 weeks to take advantage of the treatment he offers. Luckily I work for an airline, however the way the flight schedules are AND my personal work schedule, It still takes a day out of my week for traveling and then I have my appointment. I want to apply for intermittent FMLA. Isn't it the doctor's responsibility to complete the form? It is up to the company to determine if I qualify, not the physician, in my opinion. I can not find anyone in OR near my area that has his qualifications that is on my insurance. How can I impress on my doctor his legal responsibility as a provider to complete the paper work due to FMLA?


Asked on 4/06/09, 5:20 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: Physician

Try getting your doctor to give you, in writing, a report documenting why it is medically necessary for you to see him every 2 weeks. DON'T tell the doctor that it is for FMLA purposes. Just say it is for your records or something else imaginative.

Then fill out the form yourself and say "see attached" where it asks for the doctor's input.

There is nothing in the FMLA that says you absolutely have to have a physician fill out a specific form before you can qualify for intermittent leave. FMLA covers a lot of situations, such as illness in the family, where the individual employee is not even the directly affected person.

Don't give up. Keep trying.

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Answered on 4/06/09, 5:32 pm


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