QUESTION
What can I do if my doctor failed to turn in my FMLA paperwork, despite daily contact and reassurance it would be done?
Asked on Oct 12th, 2013 on Labor and Employment - New York
More details to this question:
I got the paperwork to my doctor as soon as I received it, and he had all of the information he needed. I told him it needed to be in by a certain date (10/4, in this case) and called immediately after the weekend to see if it had been done. The doctor got sick, and no other doctor in the office would fill out the paperwork. I contacted the group that handles FMLA claims for my employer, asking for an extension. They couldn't give me one, but suggested getting basic info (What I'm suffering from, duration, and that my doctor is out sick). I called back my doctor and asked for this and they promised it would get done (I called at least once a day every day to make sure it got done). No paperwork ever got sent, no contact made telling me why, and now I'm out of a job. I've lost all my insurance, so the medication I need to regulate my illness is too expensive. Do I possibly have a case against the doctor’s office? What would you recommend I do?
6 ANSWERS
Thomas Edward Gates
You need to retain an attorney to assist you.
Answered on Oct 15th, 2013 at 4:06 AM
Ronald A. Steinberg
Get the paperwork in ASAP, and then ask for a variance.
Answered on Oct 15th, 2013 at 1:34 AM
You are still responsible for seeing that your doctor sends this in for you, even if you needed to find another doctor. I know of no remedy available to you under GA law.
Answered on Oct 14th, 2013 at 2:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your claim was lost because you did not file the info requested on time. you want to blame the doctor. He was sick I don't know but I suggest maybe you waited too late to begin the effort and now you want to blame somebody. I don't think you have any kind of claim.
Answered on Oct 14th, 2013 at 1:58 PM
General Practice Attorney serving Bingham Farms, MI
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The Niskar Law Firm PLLC
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Ordinarily, under the FMLA, you must get the "Certification of Healthcare Provider" form completed and signed by your doctor, and returned to the employer within 15 days of the date the employer gives you a written request for the certification (the employer's request must be in writing). However, the employee is excused from the 15 day deadline if complying with the deadline is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. It sounds like the inability to comply with the deadline was outside of your control, and that you exercised diligence in attempting to comply. You may be able to make out an FMLA case. If you were ultimately able to get the certification from the doctor, make sure you provide it to the employer immediately thereafter, even if you have already been terminated. Keep copies of everything. I also recommend that you immediately contact a lawyer who specializes in the handling of employment discrimination cases, AND who has significant experience with FMLA cases in particular. Not every employment lawyer has significant experience handling FMLA cases.
Answered on Oct 14th, 2013 at 1:31 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Contact the HR dept at your former employer and ask if there is anything can be done to get you re-instated.
Answered on Oct 14th, 2013 at 1:27 PM