Legal Question in Medical Leave in California

Protected by FMLA ... Need Doctor's Note?

As certified by my doctor, I have a ''serious condition'' covered by the FMLA (severe headaches/migraines) which causes me to require the use of unscheduled sick-leave INTERMITTENTLY. Generally, my occurences last only one to two days. But recently I woke up three mornings in a row with my condition ''flaring up'' and therefore I was absent from three consecutive work-days. It is my company's policy to request a doctor's note in such cases. However, my absences are due to my ''FMLA''-related condition and are supposedly protected by the FMLA; So the question is, do I still need to submit a doctor's note even if my absences are covered by FMLA? I did not see the point in visiting my doctor due to the fact that he has already prescribed some drugs (which don't work, obviously) for me to take for my condition.


Asked on 10/27/05, 11:44 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Protected by FMLA ... Need Doctor's Note?

Of course you have to provide medical verification of absence. But your doctor should provide a report that covers you for several days at a time without need to visit him each time. In push comes to shove, get a dr slip if it is demanded by the employer, or risk termination for job abandonment or insubordination.

[BTW: check out the migraine curing properties of 'Feverfew' which you can buy in vitamin and health food stores stores].

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Answered on 11/03/05, 6:25 pm


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