Where can I obtain the current FMLA document for PA & DOL
I found the following on the DOL website and want to make sure it applies to PA and is current. I do know that the DOL FMLA can only be changed by enhancing it but not detracting anything from it.
1 answer | asked Jul 19, 2011 05:10 AM [EST] | applies to Pennsylvania
Answers (1)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, my answer, below, was to a question that you appear to have posed earlier and edited. I am not sure what 'FMLA document' you are referring to; the FMLA and its regulations are themselves available online at both the federal DOL website and other private and commercial websites; you can find them with a search.
An employer is allowed to require certification of your medical condition from your 'health care provider.' The FMLA defines a 'health care provider' as a doctor or, among other professionals, a physician's assistant that is licensed to practice in your state. If you have a certification from a physician's assistant, that should be enough to satisfy your burden under the law.
Practically speaking, however, a physician's assistant is generally required to be closely supervised by a physician. You likely could obtain a certification from that physician without much difficulty. It is likely not worth fighting HR over the issue if your doctor will sign the certification.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jul 19, 2011 05:48 AM [EST]
That being said, my answer, below, was to a question that you appear to have posed earlier and edited. I am not sure what 'FMLA document' you are referring to; the FMLA and its regulations are themselves available online at both the federal DOL website and other private and commercial websites; you can find them with a search.
An employer is allowed to require certification of your medical condition from your 'health care provider.' The FMLA defines a 'health care provider' as a doctor or, among other professionals, a physician's assistant that is licensed to practice in your state. If you have a certification from a physician's assistant, that should be enough to satisfy your burden under the law.
Practically speaking, however, a physician's assistant is generally required to be closely supervised by a physician. You likely could obtain a certification from that physician without much difficulty. It is likely not worth fighting HR over the issue if your doctor will sign the certification.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jul 19, 2011 05:48 AM [EST]
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