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  1. #1
    Join Date
    Jun 2019
    Posts
    1

    Default FMLA Medical Certification from a Foreign Doctor for Person in USA

    My question involves labor and employment law for the state of: California

    My mother has multiple chronic conditions due to which she needs assistance for day-to-day activities and psychological support. She splits her time between USA and a foreign country. She sees doctors only in the foreign country. She has been in USA for couple of months, my wife helped her and now due to change of circumstance she needs my help. I want to take FMLA for 2-3 months.

    Is it OK to get the medical certification from the doctor in foreign country since that is where all her treatment happened and her medical records are present, even though she saw him two months back? Or do we need to get it from doctor in USA?

    For her conditions which began many years ago, what should the doctor specify for the question when did the condition start? Or should he mention the date she arrived in USA since she needs assistance here since we are her only family?

    For estimate of time care is needed, can he mention 6 months (her duration of stay in USA) - in case I need to take leave at a later time? For continuous leave, can he give the start and end dates for the two months that I am requesting.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,236

    Default Re: FMLA Medical Certification from a Foreign Doctor for Person in USA

    The US DOL publishes a guide to FMLA. See Page 17 for the Medical Certification requirements.

    https://www.dol.gov/whd/fmla/employeeguide.pdf

    Then go back to the beginning of the guide to see if your employer is even obligated to offer FMLA

  3. #3
    Join Date
    Jun 2017
    Location
    California
    Posts
    423

    Default Re: FMLA Medical Certification from a Foreign Doctor for Person in USA

    California has its own family leave act that the poster can also look into. See https://ca.db101.org/ca/situations/w.../program2c.htm

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