If my doctor took me off work about 1 1/2 months ago, what are my rights regarding his not filling out my FMLA paperwork?

The day after he took me off work I brought him my FMLA and short term disability papers to be filled out. To date, they have not filled out my paperwork. I was calling every other day seeing what was going on and they had a new excuse every time. Today the informed me that they were not going to fill it out and have to wait to go see the specialist to get the papers filled out. Can I sue my doctor for my lost wages?

Asked on November 6, 2015 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, unfortunately, you cannot sue the doctor for not fiiling out the paperwork. The doctor is not under a legal obligation to fill out FMLA paperwork for you, and in the absence of a legal obligation for doing something, there is no liability for failing to do it.

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