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Top Three Mistakes Employees Make When Requesting Medical Leave

9/23/2017

 
Here are top three most common mistakes that we see employees make over and over when requesting medical leave under FMLA  / CFRA or disability leave under ADA / FEHA:     

1. Refusing to provide clarification to previously provide medical leave note upon employer's request. Your employer might not be clear about the reasons for you inability to report to work and could ask you to go back to your doctor and get clarification in a form of additional medical note. Many employees immediately reject that type of request on the grounds of medical confidentiality and privacy. In many cases, this is a mistake and a fight simply not worth fighting. Your employer is entitled to have basic information about the reasons for your inability to report to work. While they may not be entitled to see your medical records or know your exact diagnosis, at they have the right know what physical limitations prevent you from working. Employee often insist on not providing this information and end up getting fired where it was so easy to avoid by simply giving the employer what they need, assuming that their request is reasonable.  

2. Proving a medical leave note that directly or implicitly suggests that the duration of the needed leave is unclear.  Under the law, an employer doesn't have to provide leave of indefinite duration, and in most cases an employer can safely terminate an employee, where it looks like that employee might not ever come back to work. Therefore, if you intent to return to work, you should make sure that you medical note has your date of return to work with or without restriction, or at least an anticipated date of return, even if you / your doctor is not 100% sure that you will be able to start working again on that day.. Later, you may have the option to extend your leave. You should not rely on your doctor to write your medical leave note the right way, and you should definitely read it yourself before passing it to your employer.  You cannot expect your doctor to know your legal rights. Your doctor's specialty is medicine; not disability laws. 

3. Being tough and trying to work through pain. In the video below, I talk about how being tough and trying to work through pain can lead to problems at work: 

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case