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<blockquote data-quote="flutterbee" data-source="post: 223429"><p>Some employers will do these things when an employee puts in for FMLA. It's completely illegal, of course. They might be looking out for their own rear ends, thinking of liability and workers' comp. However, if I remember correctly, the employee's physician is the one that makes the call on limitations. No one at his work should know what's going on. Major violations there. I'm not even sure they can force him to see the employer's doctor.</p><p></p><p>I had to sit through an 8 hour class for this for work put on by a legal firm. For example, if the employee is off for an FMLA covered day, the employee brings the doctor note. The employer can call the doctor's office to make sure the employee was actually there, but that is ALL the doctor's office can tell them. </p><p></p><p>I wish I still had my book on this stuff. He should be working with his union - go above the steward who is probably ignorant of the law. If that doesn't work, have him get the advice and/or assistance of a legal aid attorney (since he's not working and has no income). They have to, by law, find a position for him - and that generally only comes into play when an employee has been off for an extended time all together and they had to fill his/her position. They have to give the employee a position with the same pay and benefits. They cannot simply say, there is no position you can work here. The only employees that there are differences in the law are executives. Further, ADA laws would come into effect if they are calling him disabled and the employer is required to make reasonable accomdations.</p><p></p><p>He needs some legal advice. This doesn't pass the smell test at all. I'll do some researching to make sure that I'm correct on the specifics of the law and will post relevant info.</p></blockquote><p></p>
[QUOTE="flutterbee, post: 223429"] Some employers will do these things when an employee puts in for FMLA. It's completely illegal, of course. They might be looking out for their own rear ends, thinking of liability and workers' comp. However, if I remember correctly, the employee's physician is the one that makes the call on limitations. No one at his work should know what's going on. Major violations there. I'm not even sure they can force him to see the employer's doctor. I had to sit through an 8 hour class for this for work put on by a legal firm. For example, if the employee is off for an FMLA covered day, the employee brings the doctor note. The employer can call the doctor's office to make sure the employee was actually there, but that is ALL the doctor's office can tell them. I wish I still had my book on this stuff. He should be working with his union - go above the steward who is probably ignorant of the law. If that doesn't work, have him get the advice and/or assistance of a legal aid attorney (since he's not working and has no income). They have to, by law, find a position for him - and that generally only comes into play when an employee has been off for an extended time all together and they had to fill his/her position. They have to give the employee a position with the same pay and benefits. They cannot simply say, there is no position you can work here. The only employees that there are differences in the law are executives. Further, ADA laws would come into effect if they are calling him disabled and the employer is required to make reasonable accomdations. He needs some legal advice. This doesn't pass the smell test at all. I'll do some researching to make sure that I'm correct on the specifics of the law and will post relevant info. [/QUOTE]
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