QUESTION
What should I do if the doctor didn't turn in FMLA paperwork on time lost job and insurance because of this?
Asked on Dec 05th, 2012 on Labor and Employment - Florida
More details to this question:
I was in contact with my doctor during time of updating FMLA for work. I was assured by his staff that it was on his desk and it would be in on time but it wasn't. I lost my job of five years, lost my medical insurance that covered me and my children and my 401K possible future earnings along with life insurance. I have a condition called OPLL, which I am supposed to take nerve pain meds for but cannot afford now. I am in the process of try for SSDI, but am not able to support myself now!
7 ANSWERS
Theodore M. Roe
I'm sorry to tell you that it is your responsibility to obtain the appropriate paperwork on time. You could have contacted your employer regarding an extension, etc. Even if it was negligent of the doctor to get these documents in late, I cannot imagine what claim you would have against him.
Answered on Dec 09th, 2012 at 7:18 PM
Employment Law Attorney serving Los Angeles, CA
Partner at
Law Offices of Maryann P. Gallagher
You need your job so the goal is to try and get it back. Send an email or fax to your doctor telling him what happened and advising him that you need him to write a letter to your work telling them it was his fault the paperwork did not get sent in time and asking them to give you your job back.
Answered on Dec 07th, 2012 at 1:33 PM
I do not know. I do not think the doctor is liable for this delay, but I am not sure. I do know the burden was on you to get it from the doctor, what ever that took. I know of one who went to doctors office and refused to leave without it.
Answered on Dec 07th, 2012 at 1:33 PM
Steven Lee Miller
Perhaps you should have made sure that the company got what they needed. I doubt you could sue the Dr's office for malpractice for failing to turn in documents he promised. Unfortunate situation. I would be curious what the position of the Dr. is today insofar as his promise to make sure the paperwork would all get to the company as supposed to. What does your company say about the fact, that they new who your treating Dr. was, they new you had a condition, and would it not have made sense for them to follow up with the Dr knowing you were ill? Bottom line is, after asking both work and the dr. the above, I am not sure that is going to resolve this. One final thought. You may want to consider going to the state of CA website starting at DLSE.gov and try to find information re fmla and the obligations associated with reporting requirements.
Answered on Dec 07th, 2012 at 1:32 PM
Potentially there is a negligence claim against the doctor. Potentially, there is a claim for discrimination under the FMLA. You should also consider an ADA claim which would mean you want to contact the EEOC. Because of short time limitations for bringing claims under the various statutes, you should speak with an attorney, the Department of Labor and/or the EEOC as soon as possible.
Answered on Dec 07th, 2012 at 12:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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My first course of action would be to ask the doctor complete the paperwork and take it to your former employer. Hopefully, they will understand the reason for the delay was not yours and consider it timely.
Answered on Dec 07th, 2012 at 12:22 PM
Employment & Labor Attorney serving Weston, FL
at
Behren Law Firm
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Possibly a negligence claim against the doctor.
Answered on Dec 07th, 2012 at 12:21 PM