My question involves labor and employment law for the state of: CALIFORNIA
Hello and good day to everyone.
Background: I have worked at my job for 3 years and 9 months and I may very well lose my job over this.
I took a leave of absence last year from January to April for personal issues-first time ever taking a leave. During that time I was approved for FMLA. When coming back to work, I had to continue my care by seeing doctors on an occasional basis which meant leaving work early or taking extra time off during the day to get the appointment in. HR spoke to me and asked if these things were do to FMLA and I said yes, which is when they stated I could begin taking intermittent FMLA. I thought the idea was great since I have chronic fatigue as well which my doctor is aware of.
I went to see my primary care physician and she approved intermittent FMLA and put on the form "needs time for rest" and also approved doctors appointment. AT this time she did not have a diagnosis for the chronic fatigue and sent me to a specialist where I had work done. They found nothing. I have severe difficulty getting out of bed on some mornings and have overslept through my alarm on a few occasions (I believe 3 times). These are things I specifically stated to my doctor when requesting the intermittent FMLA...hence "needs time for rest." She stated that she would be vague about it.
Moving forward, HR is now requesting a doctors note stating "So and so's FMLA may allow for her to sleep through her alarm." I thought this was ridiculous, but figured since my doctor knows about my chronic fatigue everything would be OK.
Unfortunately, it was not and she is now saying since there is no diagnosis (except for my other condition) that because this paperwork is legal she will not provide further documentation. I advised her that if she felt that way then I was OK with her forgoing future FMLA (though I will be getting a second opinion), but that my employer is requesting the note for when I slept through my alarm-which is in the past during my Intermittent FMLA.
My Doctor will not provide this either, even though her and I have discussed this was one of the reasons for needing "more time for rest."
Who is at fault here? Me for not being able to now provide legal documentation for my FMLA? My doctor for somewhat retracting the FMLA she had given my employer (which DID NOT HAVE A TIME FRAME attached to it). Or my employer for still questioning the FMLA even though it says "needs time for rest."
I will, or at least I feel, will at this point lose my job if I cannot get a note. I am very upset that I was ever given intermittent FMLA in the first place for my chronic fatigue and follow up with doctors because now, based on my doctor, I cannot provide documentation.
What do you suggest I do?