Can my employer ask me to call in everyday ifI have a doctor’s note?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my employer ask me to call in everyday ifI have a doctor’s note?

I’m out of work for 8 weeks. My employer wants me to call in twice a day and tell them I won’t be in. I have signed FMLA papers from 2 doctors as to my return to work date.

Asked on April 14, 2011 under Employment Labor Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are on FMLA. you can take up to 12 weeks off of work without pay (though if you have sick and vacation pay you can use those as part of your 12 weeks). If you are on FMLA, you don't need to call in if your FMLA has been accepted, you have a doctor's sign off on the forms, any accompanying necessary documentation that may be needed (which depends on the leave reason) and you have a return date on the form. If you been out of work for 8 weeks and your leave time has given you 12 weeks, there is no reason to even call in once, let alone twice. Sounds like your employer is trying to set you up for something and that employer knows it has to keep your position intact for 12 weeks. If you have been out for 8 weeks, and your FMLA form says less than 8 weeks, then there may be an issue and you may need to amend the form.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption