An eligible employee may take FMLA leave because of his or her own serious health condition or to care for a qualifying family member with a serious health condition that resulted from domestic violence. Information about USERRA is available on the VETS website. USERRA is a federal law that provides reemployment rights for veterans and members of the National Guard and Reserve following qualifying military service. (Q) Can my FMLA leave be counted against me for my bonus? Definitely would not recommend this office. You should contact the WHD immediately if your employer retaliates against you for engaging in any of the legally protected activities. First to Review. ol{list-style-type: decimal;} It depends on the state policy whether a therapist can fill out FMLA paperwork or not. The regulations clarify that contact between an employer and an employees health care provider must comply with the Health Insurance Portability and Accountability Act (HIPAA) privacy regulations. The regulations clarify that the hours that an employee would have been required to work but for the taking of FMLA leave can be counted against the employees FMLA entitlement. The Department believes that applying military caregiver leave first will help to alleviate some of the administrative issues caused by the running of the separate single 12-month period for military caregiver leave. May I use FMLA leave for her care? For more information about military caregiver leave under the FMLA, including the definition of a serious injury or illness for a covered servicemember, and certification requirements, see Fact Sheets #28M(a) and #28M(b). Nearly all the forms must be filled out by a medical or healthcare practitioner, like a doctor or specialist. For example- companies in Texas, Georgia, and California give healthcare providers including the therapist to certify the FMLA form. The information provided on the certification must be sufficient to support the need for leave, but a diagnosis is not required. Chiropractor refused to fill out FMLA paperwork because he "didn't know me". (Q) Does an employer have to provide employees with information regarding their specific rights and responsibilities under the FMLA? We know the employer will allow the FMLA paperwork if any health issue arises from the employees perspective. Sam has provided his employer with appropriate notice. The Family and Medical Leave Act (FMLA) provides job-protected leave to address mental health conditions. (Q) I am under the care of a psychologist and attend psychotherapy sessions regularly for anorexia nervosa. An employer that willfully violates this posting requirement may be subject to a civil money penalty for each separate offense. [CDATA[/* >