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If you are speaking about the Federal Medical Leave Act the doctor and company you work for should comply if the illness is in one of the categories:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition


Below is a link
http://www.dol.gov/esa/whd/fmla/

2006-09-13 08:04:42 · answer #1 · answered by Goingslo 2 · 0 0

Are you refering to the 12 weeks covered by the FMLA act? For most reasons covered by that you wouldn't need a doctors note would you? We need more info. If anything you could go to another doctor.

2006-09-13 07:50:25 · answer #2 · answered by Momof4:nomore! 4 · 0 0

If your company requires a form taking leave under the FMLA act, try going to a doctor NOT under the company. If you are under collective bargening, check with a union steward.
...jj

2006-09-13 07:57:39 · answer #3 · answered by johnny j 4 · 0 0

What are fmla papers, couldn't find it in either the dictionary or encyclopedia.

2006-09-13 07:52:16 · answer #4 · answered by irish_yankee51 4 · 0 0

You will have to go to a new doctor and they will have sign it and then the doctor that you had will have to get fired.

2006-09-13 07:56:02 · answer #5 · answered by Sam 4 · 0 0

see one who will sign.

2006-09-13 07:55:13 · answer #6 · answered by lady sixx 6 · 0 0

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

• for the birth and care of the newborn child of an employee;

• for placement with the employee of a child for adoption or foster care;

• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

• to take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

Special rules apply to employees of local education agencies. The Department of Labor administers FMLA; however, the Office of Personnel Management (OPM) administers FMLA for most federal employees.
An employer may, at its own expense, require the employee to obtain a second medical certification from a health care provider. The employer may choose the health care provider for the second opinion, except that in most cases the employer may not regularly contract with or otherwise regularly use the services of the health care provider. If the opinions of the employee's and the employer's designated health care providers differ, the employer may require the employee to obtain certification from a third health care provider, again at the employer's expense. This third opinion shall be final and binding. The third health care provider must be approved jointly by the employer and the employee. The "Certification of Health Care Provider" (optional form WH-380) may be used to obtain the certifications.

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Health Care Provider
Health care providers who may provide certification of a serious health condition include:

doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices;
podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice under State law;
nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under State law and performing within the scope of their practice as defined under State law;
Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts;
any health care provider recognized by the employer or the employer's group health plan's benefits manager; and,
a health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country.
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Maintenance of Health Benefits
A covered employer is required to maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work.

Where appropriate, arrangements will need to be made for employees taking unpaid FMLA leave to pay their share of health insurance premiums. For example, if the group health plan involves co-payments by the employer and the employee, an employee on unpaid FMLA leave must make arrangements to pay his or her normal portion of the insurance premiums to maintain insurance coverage, as must the employer. Such payments may be made under any arrangement voluntarily agreed to by the employer and employee.

An employer's obligation to maintain health benefits under FMLA stops if and when an employee informs the employer of an intent not to return to work at the end of the leave period, or if the employee fails to return to work when the FMLA leave entitlement is exhausted. The employer's obligation also stops if the employee's premium payment is more than 30 days late and the employer has given the employee written notice at least 15 days in advance advising that coverage will cease if payment is not received.

In some circumstances, the employer may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave.


Other Benefits
Other benefits, including cash payments chosen by the employee instead of group health insurance coverage, need not be maintained during periods of unpaid FMLA leave.

Certain types of earned benefits, such as seniority or paid leave, need not continue to accrue during periods of unpaid FMLA leave provided that such benefits do not accrue for employees on other types of unpaid leave. For other benefits, such as elected life insurance coverage, the employer and the employee may make arrangements to continue benefits during periods of unpaid FMLA leave. An employer may elect to continue such benefits to ensure that the employee will be eligible to be restored to the same benefits upon returning to work. At the conclusion of the leave, the employer may recover only the employee's share of premiums it paid to maintain other "non-health" benefits during unpaid FMLA leave.
CHECK OUT THE DEPT OF LABOR WEB SITE..

2006-09-13 08:10:13 · answer #7 · answered by kenziesfefe 1 · 0 0

fmla?? need more info, please.

2006-09-13 07:52:05 · answer #8 · answered by Dragonflygirl 7 · 0 0

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