Q - Potential client enters hospital for treatment of alcoholism (haven’t checked if there is an exclusion for this in FMLA). Employer provides medical certification form. Doctor never completes it despite several phone calls from client. Deadline comes and goes. Employer fires client.

Any liability on part of physician or employer?

A - I’ve always wondered if that would constitute medical malpractice on behalf of the doctor. As for the employer, I think they would only be liable if they failed to comply with 29 C.F.R. §825.301 and .305(a):

An employer may require that an employee’s leave to care for the employee’s seriously-ill spouse, son, daughter, or parent, or due to the employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee’s position, be supported by a certification issued by the health care provider of the employee or the employee’s ill family member. An employer must give notice of a requirement for medical certification each time a certification is required; such notice must be written notice whenever required by §825.301.

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