Legal Question in Medical Leave in California

I am under a FMLA leave, for migraines. The leave is specified as intermittent. Work is requiring me to have a dr's not for every absence. this requires me to go to urgent care or dr even when i just need time to take 1 hour for my meds to kick in. This seems like a backdoor requirement to make me take longer than I need.


Asked on 10/21/11, 6:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You'll have to see if you can get your treating doctor to write a detailed report specifying that intermittent time off or 'accommodation' is required at 'your discretion' to treat and deal with your incapacitating paid and 'inability to work' during attacks. If presented to the company, with clear request for 'accommodation' when needed, they are supposed to do so reasonably. If they refuse after that, then you may be in a position to bring a legal claim for violation. If all that occurs, then feel free to contact me for the legal help you'll need.

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Answered on 10/22/11, 6:15 pm


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