What happens if my neurologist won’t fill out my FMLA?

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What happens if my neurologist won’t fill out my FMLA?

I have epilepsy and I had to take off the 8th and 9th of this month. The 9th I handed my FMLA paperwork to my doctor and said it needs to be in by the 21st. Well he didn’t even document taking the papers according to the secretary when I called back asking about it. Now I’m in danger of getting fired from a really good union job. I filed another claim with FMLA today and will try again but if I get fired can I sue him or my place of employment since they know of my condition. I’m just really worried and agitated he said he would fill out my paperwork and never did.

Asked on December 28, 2016 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot sue either of them--
1) The neurologist: doctors are not required by law to fill out paperwork for your employer or FMLA. You may be able to file an ethical complaint against him with the state agency which licenses and overseas doctor, since this may be a breach of his profession's ethical duties, but it is not a violation of a legal duty which would support a law support.
2) The employer does not have to allow FMLA leave unless it is properly documented to them--they have done nothing wrong in not allowing it if they did not receive the right documentation.
You may need to seek another doctor or doctors to get the documentation you need.


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