Ask The Lawyer

By Debra Roth

Q & A Session – FMLA Violation?

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I am a current federal employee. I have allergic asthma and was granted FMLA three weeks ago. I became ill recently and needed outpatient hospital treatment. I was scheduled for vacation the following week. Due to the severity of my asthma, my pulmonologist wrote me off work for two weeks. During these two weeks, my supervisor called to check on me and asked if I was at home. I feel like my supervisor wanted me to disclose whether or not I was on vacation. Is this not a violation of FMLA? All medical documentation was received as well as the documentation from the doctor stating I was not to return to work for two weeks.

A:

It is not a violation of FMLA for your supervisor to call you once to check on you, even if you suspect it was in reality to verify that you were not using FMLA as vacation time.

 Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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