Can my employer ask me to call in everyday ifI have a doctor’s note?
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Can my employer ask me to call in everyday ifI have a doctor’s note?
I’m out of work for 8 weeks. My employer wants me to call in twice a day and tell them I won’t be in. I have signed FMLA papers from 2 doctors as to my return to work date.
Asked on April 14, 2011 under Employment Labor Law, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you are on FMLA. you can take up to 12 weeks off of work without pay (though if you have sick and vacation pay you can use those as part of your 12 weeks). If you are on FMLA, you don't need to call in if your FMLA has been accepted, you have a doctor's sign off on the forms, any accompanying necessary documentation that may be needed (which depends on the leave reason) and you have a return date on the form. If you been out of work for 8 weeks and your leave time has given you 12 weeks, there is no reason to even call in once, let alone twice. Sounds like your employer is trying to set you up for something and that employer knows it has to keep your position intact for 12 weeks. If you have been out for 8 weeks, and your FMLA form says less than 8 weeks, then there may be an issue and you may need to amend the form.
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