Whether you are an employer or an employee, it is imperative to understand what the Family and Medical Leave Act does (and does not) require if you are hurt on the job. In particular, one should note what obligations the law does (or, more specifically, does not) impose on an employer that doubts the reality (or, at least, the severity) of an employee’s injuries, even when that employee has a certification from a medical provider. Like all procedural aspects of the FMLA, this process demands careful understanding of what the law allows, which is why having advice from a knowledgeable FMLA interference lawyer can be critical.
A recent FMLA interference case from our west delves into the question of an employer’s contesting an employee’s certification, even without a contrasting opinion from a different medical provider.
The employee, T.P., was an underground haul truck driver. One day, the driver reported hitting a mine wall while driving, causing his chest to slam into the armrest of the driver’s seat. The driver’s X-rays were normal, but based on the severe pain the driver reported, his doctor certified two-plus weeks of time off work. The driver used FMLA leave to cover that absence.