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FMLA with fibromyalgia
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Has anyone else had any problems getting on FMLA at work? My doctor filled out my paperwork and put down she wanted me to take intermittent leave. The employer is insisting on the probable duration of the condition. Also, they want to obtain a second opinion. SO frusterating!
Posted on 08/13/10, 07:00 pm
20 Replies | Most Recent Add Your Reply
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Reply #1 - 08/13/10  9:27pm
" If your doctor signs the FMLA paperwork, then there is nothing your employer can do....ticks me off! Your pain dr and your pcp will be 2 dr's. Will that work? Your employer can NOT pick out the second opinion. Take care and hugs, ♥ Eva "
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Reply #2 - 08/14/10  1:53am
" The duration of Fibro is a lifetime. I didn't know they could legally request a second opinion. What kinda crap is that ? I have FMLA. Check the laws. "
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Reply #3 - 08/14/10  5:01am
" I went on the FMLA with my previous employer. I do not think they can demand a second opinion. Once the doctor states that you need the leave, I believe, that is all that is required.

I ended up taking a year off and never going back to that job. However, I got the proper treatment, moved to a small town where I don't have to spend 4 hours on the freeway everyday, and now I am able to work full-time again. "
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Reply #4 - 08/14/10  5:06am
" One more thing I wanted to add--If they are allowed to know the "duration" and you don't feel you have you medications and other treatments sorted out yet, perhaps you could have your physician write a letter stating something to the effect that Fibro is life long, however, the patient is only on temporary leave until we get the proper treatment worked out. This is a process that sometimes takes a few monts. (or something of that sort). If I remember right, this is what my doctor did for me, except she stated it in a better way. "
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Reply #5 - 08/14/10  11:41am
" I got a letter in the mail from HR to go on FMLA, as "it would save my job" to make a long story short. I felt obligated to my jiob and took two full weeks and then oart time, but...... Two weeks after I came back full time, they fired me after 26 years of hard work and dedication. FMLA did not want to interfere. So I am still suffering from it. "
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Reply #6 - 08/14/10  1:40pm
" I was on FMLA for Fibromyalgia for a short time. I then decided to just cut my hours down to part time (20 hours a week) and my boss agreed to it. This is easier for me because it doesn't involve paperwork etc.

I don't know the fmla law 100%, but I am pretty sure that an employer can say something about taking too much fmla if it disrupts their business needs. I remember reading that somewhere.

I suggest talking to human resources directly. "
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Reply #7 - 08/14/10  1:45pm
" I just found it..... an employer does have a right to ask for a second or third opinion....... here it is:

"Employers may require that an employee’s request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. An employer may require second or third medical opinions (at the employer's expense) and periodic recertification of a serious health condition. An employer may use a health care provider, a human resource professional, a leave administrator, or a management official – but not the employee’s direct supervisor – to authenticate or clarify a medical certification of a serious health condition. An employer may have a uniformly-applied policy requiring employees returning from leave for their own serious health condition to submit a certification that they are able to resume work. If reasonable safety concerns exist, an employer may, under certain circumstances, require such a certification for employees returning from intermittent FMLA leave. Employers may use the optional forms WH-380-E and WH-380-F prepared by the U.S. Department of Labor for obtaining medical certifications of serious health conditions." from "
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Reply #8 - 08/14/10  2:49pm
" What does FMLA stand for, please? "
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Reply #9 - 08/14/10  3:15pm
" FMLA stands for

Family and Medical Leave Act

Here is the link that explains it: "
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Reply #10 - 08/14/10  3:20pm
" Thank you. "

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