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Doctor Won't Fill Out Fmla Paperwork


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#1 blahblahkathy

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Posted 04 October 2012 - 09:58 PM

Has anybody else ever had a doctor that refuses to fill out FMLA paperwork? My doc says that I haven't exhausted enough treatment options yet. But I'm occasionally late to work in the mean time, so I don't really know what to do about it. My work has a strict attendance policy and if you don't have something in writing, then it will not be excused. Anybody have any suggestions?


Update: Well I guess it doesn't matter now. I got fired today because of my tardies. That's 5 years of my life down the drain:(

#2 Hank

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Posted 05 October 2012 - 08:39 AM

Have you considered requesting an accommodation for a flexible start time (if possible) so that you can make up your hours at the end of the day. Someone with morning sickness in pregnancy or nausea from chemo/cancer treatment might make a similar request.

If your doctor wrote a request for this while you are exhausting your treatment options, this might buy you some time without leaving you vulnerable to disciplinary action.

#3 blahblahkathy

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Posted 07 October 2012 - 08:39 PM

I've tried an ADA accommodation to start work at 9 am instead of 8 am, but unfortunately this hasn't worked out too well because when my work approved it, they added on their own clause about being able to schedule me earlier than that for "special work needs." Because of my job, I sometimes have to get with 3rd shift people about different things, so nothing stops them from scheduling me to be in at 5 am, or me being stuck there until after midnight and having to be back at 9 am. I questioned work about modifying my ADA, but they said that it would intefere with my duties, so I would probably have to take another position for it to be approved. I don't want to do that. A) I love my job. B.) They will only offer me what is open, so I'll probably lose my full-time hours and benefits.

I took the FMLA paperwork to my doctor hoping that it would solve the problem; I'm not telling them I can't be to work at a certain time and my tardies would be covered. But like I said my doc refuses to fill them out. It's kind of frustrating. I'm on year 3 of my diagnosis and "treatment," so this has been a problem for a while. I told my doc that if something isn't done then I will be fired for attendance and he told me to let him talk to them over the phone. It's like the doctor doesn't understand that if it isn't in writing, then he can talk to anyone in my company about this problem, but it is not going to keep me from getting fired. I think my doc's God Complex has officially gone past the point of reality:)

#4 platy

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Posted 09 October 2012 - 10:49 AM

I've tried an ADA accommodation to start work at 9 am instead of 8 am, but unfortunately this hasn't worked out too well because when my work approved it, they added on their own clause about being able to schedule me earlier than that for "special work needs." Because of my job, I sometimes have to get with 3rd shift people about different things, so nothing stops them from scheduling me to be in at 5 am, or me being stuck there until after midnight and having to be back at 9 am. I questioned work about modifying my ADA, but they said that it would intefere with my duties, so I would probably have to take another position for it to be approved. I don't want to do that. A) I love my job. B.) They will only offer me what is open, so I'll probably lose my full-time hours and benefits.

I took the FMLA paperwork to my doctor hoping that it would solve the problem; I'm not telling them I can't be to work at a certain time and my tardies would be covered. But like I said my doc refuses to fill them out. It's kind of frustrating. I'm on year 3 of my diagnosis and "treatment," so this has been a problem for a while. I told my doc that if something isn't done then I will be fired for attendance and he told me to let him talk to them over the phone. It's like the doctor doesn't understand that if it isn't in writing, then he can talk to anyone in my company about this problem, but it is not going to keep me from getting fired. I think my doc's God Complex has officially gone past the point of reality:)


I'm also having huge problems with my doctors not filling out paperwork. After struggling with them for about a year, I just switched doctors. Not sure if that's a possibility where you are.

#5 Permanent Imagination

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Posted 12 October 2012 - 01:28 AM

My doctor actually has my FMLA paperwork still that I gave him exactly one month ago. My H.R. and supervisor had told me the other day that I am on thin ice and can be reprimanded soon. The worst part is, I don't think he intends to note on the cataplexy.

#6 DeathRabbit

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Posted 12 October 2012 - 09:39 AM

My doctor actually has my FMLA paperwork still that I gave him exactly one month ago. My H.R. and supervisor had told me the other day that I am on thin ice and can be reprimanded soon. The worst part is, I don't think he intends to note on the cataplexy.

It might help to drop words such as "discrimination" or "lawsuit" into conversations at odd intervals. Even if you work in an at will state, due to our litigious culture, that can make people balk sometimes. Unfortunately, sometimes people force you into being a dick. It's lamentable, but don't be afraid to counter-assert yourself. Also, it sounds like a Job hunt might be in order. From this and the other thread, it would seem the company you work for isn't a healthy workplace environment at the worst of times, much less for someone with a chronic illness.

#7 Permanent Imagination

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Posted 12 October 2012 - 11:37 AM

It might help to drop words such as "discrimination" or "lawsuit" into conversations at odd intervals. Even if you work in an at will state, due to our litigious culture, that can make people balk sometimes. Unfortunately, sometimes people force you into being a dick. It's lamentable, but don't be afraid to counter-assert yourself. Also, it sounds like a Job hunt might be in order. From this and the other thread, it would seem the company you work for isn't a healthy workplace environment at the worst of times, much less for someone with a chronic illness.


Oh yeah, I've casually dropped the whole "getting a REALLY good disability lawyer" line a few times. It's funny, I work for the local government in a fairly large city. In the police department, actually. A huge reason I don't want to leave is because of my insurance and benefits. My HR and supervisors are just following protocol, I have claimed FMLA time quite a few times in that month.