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FMLA

Discussion in 'Medical Leave & Disability' started by Simone234, Jul 2, 2022.

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  1. Simone234

    Simone234 Law Topic Starter New Member

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    I recently applied for FMLA and the representative asked for my medical records to be uploaded to prove I had seen the doctor twice for my condition. I gave them the files although I was hesitant and a coworker told me I did not have to provide my medical records, that in their case they were never asked to provide medical records.
     
  2. hrforme

    hrforme Active Member

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    Did your medical professional complete the standard FMLA form? Was it complete?

    Cases are different....the employer can ask for information to verify...
     
  3. Simone234

    Simone234 Law Topic Starter New Member

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    Yes my doctor completed the form that was sent to us from the company. This was renewing FMLA from last year, same condition for a budging disc and sciatica nerve pains
     
  4. Simone234

    Simone234 Law Topic Starter New Member

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    I was confused because I also found this on the internet: No. An employee is not required to give the employer his or her medical records. The employer, however, does have a statutory right to request that an employee provide medical certification containing sufficient medical facts to establish that a serious health condition exists.

    I did call the FMLA representative back at my company and asked her why I was to provide medical records based off of the what I had read on the FMLA site but also that I had consulted with the coworkers who did not have to submit records. She would not reply to me or give me an answer. So, I contacted my HR division at my company to which the HR representative told me my claim was unsubstantiated and was not bypassed. very brief explanation to asking for an explanation as to why I was treated differently and explained to HR that I felt I was being treated differently and also being intimidated for applying for FMLA.

    When she asked for my medical records she did not give me an additional form from the DOL for certification she said I had to upload my medical records to prove I was seen more than once for my medical condition. the only forms that have been filled out was a standard FMLA form not DOL issued but company issued and only my medical records showing all my medical diagnosis and treatment and multiple dates.
     
    Last edited: Jul 2, 2022
  5. cbg

    cbg Super Moderator

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    Let's get the cast of characters straight. Who is "the FMLA representative"? Someone in your department? Someone in HR? Someone at the office of a third-party administrator who handles the leaves? Someone at your doctor's office?

    Do I understand correctly that you had a previous FMLA certification for the same condition, but that it has run out and you are applying for a renewal? If so, how long ago did you FIRST submit your request? I'm not asking about the current renewal, but the original certification.
     
  6. Simone234

    Simone234 Law Topic Starter New Member

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    FMLA representative is a person whom I spoke to who works in the department for FMLA request for my company.
    HR department is a gentleman who works for the same company. I reached out to, who responded to my concern after my interaction with the FMLA representative from my company.


    Do I understand correctly that you had a previous FMLA certification for the same condition, but that it has run out and you are applying for a renewal? YES

    If so, how long ago did you FIRST submit your request?Original FMLA request JULY 13 2021 submitted APPROVED, then exhausted from INJURY ON DUTY

    I'm not asking about the current renewal, but the original certification.

    I was told by an INJURY OF DUTY representative from my company that I was eligible for FMLA July 14th 2022

    thank you for your help and I hope I was able to clarify
     
  7. cbg

    cbg Super Moderator

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    The employer is allowed to ask for sufficient medical information to support the need for FMLA. They cannot ask for your entire medical history, but they can ask for enough to determine that FMLA is still necessary. It is not unreasonable to want confirmation that there has been no change to your condition after a year.

    So the question of, can they do this, is subject to exactly what it is they are asking for.
     
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  8. Simone234

    Simone234 Law Topic Starter New Member

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    thank you again so much for your help, I am truly grateful. So they are allowed to do this but et so many other leaves have been approved without medical proof of changing conditions. I am in an FMLA group for our company and I asked int he group and no other employee had to submit medical proof.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    Back and nerve conditions, especially those that persist long term, require more rigorous scrutiny than other types of injuries or those of shorter duration.

    Why not just the reports of the two visits if the rep was that specific?
     
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  10. cbg

    cbg Super Moderator

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    Everyone's medical situation is different and the law does not say that they can't ask for your information unless they've also asked everyone else. Nor does it say that if you ask one person for additional information you have to ask everyone. The facts of each person's medical situation have to be addressed individually. And quite frankly, you don't know that no one else has ever been asked for medical records - you only know that no one you have asked has admitted to it. No one in your HR or FMLA-approval units is going to tell you what has been asked of other people any more than they're going to tell other people what's been asked of you, and other employees may not want to talk about their own medical situations and will deny being asked whether they have been or not.

    I'm not seeing any clear violations.
     
    hrforme, justblue and Simone234 like this.
  11. Simone234

    Simone234 Law Topic Starter New Member

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    the rep said I needed to provide medical information to support my FMLA request that was all she said and when I asked why she said its the procedure. I was just confused because of what I had read on the FMLA site stating my records did not have to be supplied only a certification from doctor. She said I needed to provide proof I had been seen more than once for my medical condition, to which I explained to her that my FMLA request was for the same FMLA request that was approved by company when I had and IOD in 2021. MY FMLA was exhausted and I was told by another department who handles our Injury on duties that I was up for FMLA renewal for July 14th 2022.
    She did not comment and only said I needed to provide more medical documentation that I had been seen twice for my condition.
     
    Last edited: Jul 2, 2022
  12. adjusterjack

    adjusterjack Super Moderator

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    You can count on this happening every year that you need another year FMLA. You're going to have to show that you are continuing to be suffering, and treated for, the same condition.

    Maybe you should stop reading stuff and certainly stop listening to fellow employees.
     
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  13. hrforme

    hrforme Active Member

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    Sounds like you have a combination of issues... by “injury of duty”, do you mean you filed a workers compensation claim?

    What most likely should have happened is a request for an updated form. It could be the rep thought it easier to get a piece (one question is whether there is a series of visits/treatments to ensure this is a “serious medical condition or continues to be). Just because it was approved last year doesn’t prove the issue is continuing...
     
  14. Simone234

    Simone234 Law Topic Starter New Member

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    Thank you everyone for your responses. I was advised by the DOL to submit a complaint to the EEOC. The DOL is aware of ongoing issues with our company and how unorganized our company is handling everything. I was also given a point of contact at my company and have reached out to them, the DOL representative said there has been a high number of complaints filed and it continues to grow.
     
  15. adjusterjack

    adjusterjack Super Moderator

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    What does any of that have to do with you being asked to document your claim and you voluntarily giving over your medical file?

    I don't get it.

    o_O
     
  16. cbg

    cbg Super Moderator

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    Here's where we have two potential laws that might or might not have been violated, Jack; FMLA and the ADA. The DOL oversees one; the EEOC the other. On the basis of the information we have here, I couldn't say if one, the other, both or neither was violated. Nor should she have posted any more information than she did for her own protection. It really doesn't matter much if we understand; if the DOL think she has a claim then she needs to go ahead and file it. They are able to elicit a lot more than we can or should.
     

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