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Can a doctor deny FMLA?

Discussion in 'Employment, Labor, Work Issues' started by athomas0831, Nov 10, 2007.

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  1. athomas0831

    athomas0831 Law Topic Starter New Member

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    Greetings. This is my first post. My husband was diagnosed with Diabetes 4 days ago. On our first doctor visit, we brought FMLA papers because since he was diagnosed, he's been out of work because of excessively high blood sugar readings and pain/discomfort. (And I've been out a day or two caring for him) The doctor said he (we) wouldn't qualify for FMLA b/c diabetes is an ongoing condition that affects a huge part of the population. That doesn't make any sense to me. I really don't want my husband to lose his job b/c of him missing work due to diabetes. Should I get a 2nd opinion? Does a doctor have the right to deny him (us) FMLA?
     
  2. seniorjudge

    seniorjudge Super Moderator

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    Google

    fmla eligibility

    and start reading....
     
  3. athomas0831

    athomas0831 Law Topic Starter New Member

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    I've read on the eligibility requirements. My husband and I are eligible as employees for the same company. I didn't see anything about a doctor refusing to fill out the required paperwork. I'm still in need of help. In fact, our FMLA papers given to us by our job clearly say one of the reasons for FMLA is for those diagnosed with a CHRONIC condition (ie. diabetes, asthma).
     
  4. seniorjudge

    seniorjudge Super Moderator

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    I am not an employment law attorney, BUT I know that FMLA requires a condition to be incapacitating.

    If the doctor won't certify that the diabetes causes your husband to be incapacitated, then you won't have much of a chance.

    If you narrow your search to fmla eligibility diabetes you will get tons of discussion on this.
     
  5. mjt0831

    mjt0831 New Member

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    If the doctor tells me that the blood sugar is not being controlled and I need to go to the ER when it is over 300. Everyday this week, my sugar level has been in the 450's. Is that not a serious health conern that would require me to miss work?
     
  6. cbg

    cbg Super Moderator

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    A doctor is not obligated to authorize FMLA if, in his opinon, FMLA is not indicated. You are free to get another opinion and see if you can convince a different doctor to see it your way. But your doctor does not have to authorize FMLA just because you think he should.
     
  7. Green_Hornet

    Green_Hornet New Member

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    Absolutely get a second opinion the problem is not the diabetes, but complications arising from the high blood sugar. Talk to an endocrinologist, which has a better grasp. This quack sounds like a company doctor.
     

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