[OR] FMLA Violation?
[USA] I applied for FMLA (in the state of Oregon) leave and provided my employer with the required 30 days' notice. I completed the WH-380-E certification form with my therapist, but later learned that my employer did not consider my therapist (an LCS) to be a qualified health care provider for purposes of the certification. They instructed me to have it completed by an LCSW instead.
My therapist's supervising LCSW reviewed the paperwork and signed the certification. I resubmitted the completed paperwork within the deadline my employer gave me. The form includes the LCSW's full name, license type, phone number, and email address.
After I submitted the corrected paperwork, my employer informed me they were denying my leave because the certification did not include a "clinical stamp." However, I have not been able to find any requirement under the FMLA that the WH-380-E form must include a clinical stamp. As far as I can tell, the identifying information required from the health care provider is already included on the form.
In addition, my employer has stated that they believe my leave should be intermittent rather than continuous, even though my health care provider specifically certified that I need continuous leave.
I am now two weeks into my leave and am trying to focus on addressing my medical condition, but my employer continues to raise new reasons for denying my leave and insisting that I return to work. At this point, they are refusing to accept the federally issued WH-380-E certification form unless it includes an additional clinical stamp, which I do not believe is required.
Any advice?