Legal Question in Medical Leave in North Carolina

FMLA denial/HR called my doctor

Is it legal for someone from HR and my supervisor to contact my doctor to find out if I forged the FMLA paperwork? I'm furious (and humiliated) with my company for calling to ask such a rediculous question especially when I have never given them any reason to question my honesty. When my doctor advised me they had called to ask this, I was mortified. She said she has never had a company do this and told me I should find a new job, that the people I work for are idiots.


Asked on 7/21/07, 3:35 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: FMLA denial/HR called my doctor

There is a process within the FMLA for verifying the medical certification. It involves first obtaining the employee's consent to undertake the verification. If this was not done, then your rights may have been violated. The next question is what injury you sustained as a result of that action.

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Answered on 7/23/07, 11:46 pm


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