Do I need a proof of power of attorney to take fmla for sick mother in Ohio?

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Do I need a proof of power of attorney to take fmla for sick mother in Ohio?

I want to take FMLA because my mom has an
illness she needs my help. My HR department
at work told me that I must provide power of
attorney medical documents to them.. I don’t
have power of attorney over her medical
records. She can handle that on her own Why
would I need to show my job that type of
document??? This is in Ohio.

Asked on December 15, 2016 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no requirement for a power of attorney to use FMLA leave to care for a parent, and no requirement that you have power over her medical records (e.g. the care could be just caring for her at home, with nothing to do with her medical treatment). Adivse your HR department to check the FMLA requirements (e.g. with or at the U.S. Department of Labor); if they still insist you provide this, they  will be violating the law by requiring more than the law requires, and you could contact the Department to file a complaint.


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