Dec 14, 2015
My employer suggested that I take FMLA and I have done so for the past several days. My physician filled out the paperwork after I was on leave and he marked no on the question " Will the employee be incapacitated for a single continuous period of time due to the medical condition?" Shouldn't this be a yes answer since I have already been off work for several days? If so, can the physician go back and correct this? I don't think he is knowledgeable on how to fill out this paperwork.
Response from Mr. Chambers
The Family and Medical Leave Act (FMLA) handles absences from work for medical reasons in several ways. One way would be to take time off for up to 12 weeks while you recover and gain strength to return to work. This continuous type of absence is the one that would require a "yes" answer to the one in your question.
However, also under FMLA, it can provide for someone to work fewer hours or days due to a medical condition, or take time off periodically to recover strength or go to doctor appointments.
The form should have several questions that cover each of those situations. It depends on how you and your doctor want to use the time off permitted under FMLA.
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