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Recourse if Dr. refuses to fill out FMLA forms
I've had what I would characterize as a severe case of bronchitis for the past week and a half. I actually would have gone in to work anyway, and actually did try to go into work on Wednesday of last week, but supervisor insisted I had to take calls during that time. I've been coughing so hard and so frequently that my throat hurts from just that alone, and needless to say that day was pretty difficult. By the end of the day I was in tears. Part of the problem is our company's VOIP isn't very good so I almost always have to shout during my calls - not easy when your throat already hurts and speaking makes you cough more. I decided after that that what I should do is take FMLA since, after all, that is what FMLA is for - to cover you when you are actually unable to perform your job. I had been taking vacation days, and used one of those days to see a doctor on Friday of last week - 2/10. But I didn't decide to file an FMLA claim until Monday, which converted those vacation days into FMLA absences instead. The doctor I saw was not my primary care physician because she was booked up, but he was another doctor in her office. I spoke to his medical assistant a few times and things seemed to be going ok until she called me back and informed me that the doctor "didn't tell you to take those days off" and so he would not fill out any FMLA forms. I asked her to please request again because he's the only doctor I've seen during this time, I can't really get the paperwork from anyone else, and the only reason I'm taking it is, as noted, my job is entirely on the phone and I can't perform that right now. She said she'd ask him again. A couple of hours later I got a call from that doctor, conveniently at the end of office hours, saying his decision is final and "your voice is fine" and "we all get respiratory infections" and if i want that paperwork I should see my pcp.
So what I have done so far is sent my company insurer the summary of my visit I received on Friday and I will call my pcp tomorrow to try to get an appointment squeezed in. Beyond that, is there any recourse for me with this doctor? Is there any way I can compel him to fill out paperwork, such as filing court proceedings against him?