Legal Question in Medical Leave in California

intermittant leave

hi, i have a son that has severe asthma. for this my husband has requested intermittant fmla and the paperwork was filled out ad approved by his company. 6 months later the company is saying that they have to have a doctors note for each episode for fmla. The problem is that my child problems do not always require a dr's visit often we have just be home and keep his oxygen on him and do treatments every 2 hrs. Since the fmla is already certified can his employer request a dr note for every time it is taken?

Asked on 3/05/08, 1:50 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: intermittant leave

Every case turns on its own facts. You should obtain a doctor's note that clearly defines the situation and the need to have such intermittent care, addresses the training the husband has, etc. Discuss all this with the company and work it out informally. If you can't, then seek assistance of counsel. Feel free to contact me if you need legal help.

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Answered on 3/05/08, 12:14 pm

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