Do I need a proof of power of attorney to take fmla for sick mother in Ohio?

UPDATED: Sep 30, 2022

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Do I need a proof of power of attorney to take fmla for sick mother in Ohio?

I want to take FMLA because my mom has an
illness she needs my help. My HR department
at work told me that I must provide power of
attorney medical documents to them.. I don’t
have power of attorney over her medical
records. She can handle that on her own Why
would I need to show my job that type of
document??? This is in Ohio.

Asked on December 15, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no requirement for a power of attorney to use FMLA leave to care for a parent, and no requirement that you have power over her medical records (e.g. the care could be just caring for her at home, with nothing to do with her medical treatment). Adivse your HR department to check the FMLA requirements (e.g. with or at the U.S. Department of Labor); if they still insist you provide this, they  will be violating the law by requiring more than the law requires, and you could contact the Department to file a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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