When Your Supervisor Wants a Doctor's Note Every Time

QI have been certified for Family and Medical Leave Act time off for an ongoing problem that requires frequent tests and treatments (leaving an hour early twice a month, on average). My supervisor is not happy about this and is requiring me to submit proof that I attended the appointment and that I had the appointment. When I talk to the human resources department about this, they don't understand where she is coming from, but they are also not willing to get in the middle of it because it's a doable request. It is doable, but I am feeling harassed. Should I just be grateful that I have FMLA and jump through these hoops, or should I start tracking this as a hostile work environment? It feels hostile.

AUnder the Family and Medical Leave Act, your organization can require that your doctor certify your need for ongoing leave as often as every 30 days. If your employer has reason to doubt your need for leave, it could require you to obtain a second medical opinion. What your employer may not do is administer the FMLA in such a way that it amounts to retaliation against those who take advantage of the law.

In addition to requiring medical certification, your employer can also, under certain circumstances, require documentation of individual medical appointments. This is because the FMLA provides only for unpaid leave. So, if you want to be compensated while you are away, you must comply with your employer's policy under which you are taking paid medical leave (for example, sick leave).

Such policies typically contain language regarding your employer's right to request proof of the reasons for your time off, making it both reasonable and legal for your supervisor to ask for documentation of your appointments.

Note that, depending on the nature of your ongoing health problem, you might also be eligible for a scheduling accommodation under the Americans with Disabilities Act. As with the FMLA, your employer may not comply with the law so grudgingly that it inflicts hostility on eligible employees.

In broad strokes, that is what the applicable laws say about your situation. What, then, should you do?

You certainly would not be the first person to complain that an employer's FMLA documentation requirements seem onerous or even harassing. But the question is whether it makes practical sense for you to cry foul if you can fulfill your supervisor's request with little difficulty.

Does your supervisor require everyone who takes time off for medical appointments to provide before-and-after documentation, or are you being singled out for closer scrutiny? If you are being singled out, then your human resources department ought to intervene on your behalf. If, however, you are just one of many who must comply with your supervisor's strict interpretation of the attendance policy, then it might be best to let it go.

That said, requiring documentation both that you have scheduled a medical appointment and that you have shown up does seem a bit excessive. It cannot hurt to ask your supervisor whether she might be willing to accept the confirmation that you had an appointment scheduled as sufficient proof.

In any event, it is always wise to keep good notes regarding important milestones in your employment relationship, including performance discussions, salary negotiations, disciplinary meetings, and leave and attendance issues. Your human resources department keeps a personnel file containing documentation of what matters to them, and you should keep a file documenting what matters to you.

Think of it not as building the case for a future lawsuit but rather as making sure the record of key events in your professional history is as comprehensive as possible.

Lily Garcia has offered employment law and human resources advice to companies for more than 10 years. A weekly version of her column and a twice-monthly online chat appear at http://washingtonpost.com/jobs. E-mail questions to HRadvice@washingtonpost.com.