QUESTION
Can I be terminated as "abandonment" because my doctor's office failed to timely submit paperwork for surgery days off?
Asked on Nov 04th, 2012 on Labor and Employment - Illinois
More details to this question:
Originally the doctor said I would need to be off a week after surgery but instead two weeks later still had not released me. When I requested the time off I informed work that I would need a week, was given the paperwork by HR to complete and give doctor for completion and submission to my job. The doctor's office failed to send the documents in and I didn't know it. I had the surgery and was still seeing the doctor unaware that the job did not have paperwork. When the job called after I was off two weeks to say that I hadn't called in for time off and they had no medical paperwork. That day I went to the doctor's office and had them fax the documents while I was there. There were two different return to work dates as the first documents were never sent with the one week off and also the release letter showing the two weeks off. I have not been a "problem employee"
1 ANSWER
4 Awards
The law (FMLA) does require proper supporting documentation for a medical absence. There is some room, however, for being able to supplement a medical note from the doctor if the employer feels it is not sufficient. It may be possible to argue that this may apply to when the doctor fails to provide any documentation but you were not aware until the employer told you. You should first obtain a statement from the doctor (if he will do so) noting his omission about the note, and explaining the matter. If your employer has no problems with you, they should reconsider and take you back. This should be done quickly. You should also speak to an attorney.
Answered on Nov 05th, 2012 at 10:52 AM