Can employer "disregard" medical documentation for Workman's Compensation/Family Medical Leave Act?
Employer ignored medical documentation regarding on the job injury (FECA), failed to address the medical restrictions imposed by the attending physician for "returning to work on light duty".
Employers' violation of medical restrictions caused aggravation to injury resulting in loss of time (2 days) from work. Employer refused employees request for sick leave for these days, declared employee AWOL (no pay), and insisted that the employe NOW obtain medical documentation pertaining to the two days AFTER the employee has returned to work.
Employer failed to provide the name of the Dr. he would want the employee to go see, since the attending physician WERE the "Contract Medical Provider" for the company already!
M L2007-11-01T06:02:57Z
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Sounds like this employer violated a few laws. If it was under workman's comp I would start there; otherwise, get a lawyer of your own. Probably start with a labor lawyer.
I know my employer requires workers to come in even if they have a broken leg or arm bc they give them something else to do if they can't lift boxes etc; but technically, the employee is entitled to stay out if that is what the doctor ok's. The employer may ask you to come in when you don' t have to, but once you are approved for medical leave, I would say don't go in to do something else.
Worker's compensation law generally does not require an employer to provide "light duty" work. Many employers do so anyway because if an employee is unable to work due to an on the job injury the employer may have some liability for the resulting wage loss.
The sole purpose of the FMLA is to permit qualifying employees to return to work after missing work due to a "serious health condition." The FMLA does not require that the leave be paid. Moreover, a health condition that requires less than 3 days leave may not be considered "serious" under the statute.
This employee needs to see a worker's comp attorney.
Some businesses do not have "light duty" positions or allow an employee to enter the work area if on crutches and such. They cannot "ignore" the doctors restrictions but can just tell you there is no work for you until you are "fully capable" to perform your duties. If they are arguing who you need to see for documentation, it is their duty to inform you of who to see. Sick leave is a company policy. If you are on light duty recommendations from a doctor and return to work anyways, they would not be responsible for any injuries.
The employer is bound by the law and can't disregard medical documentation in order to rule against you. Furthermore requiring medical documentation for an absence of two days that you had requested sick leave for is harrassement. You should appeal the descisions that have been made and threaten legal action to recoup losses. You are on solid ground and shouldn't let the employer intimidate you.
It can be, depending on the circumstances. If you need medical documentation for being sick, then a doctor's note on the office letterhead (with contact number) will suffice. If you need medical documentaton for something more serious, they'll likely ask for test results, x-rays and other things along with a doctor's note.