“How in the world could she possibly fight this?????”
Probably several ways, one that comes to mind is...the school was negligent in not verifying her condition from the get go...however I don’t know how they could have done so with medical privacy and all...but she can claim that is not her fault.
No doubt at the end of it all the school system will wind up paying her a settlement.
“however I don’t know how they could have done so with medical privacy”
Maybe because she never filed any insurance claims for doctors/hospital visits? Th school would certainly hear about that.
I wonder how many days in a row she took off, what sort of sick day policy they had and whether she was covered under FMLA.
Many private employers have rules that state if you take 3 or more consecutive sick days, you must provide a doctor’s note upon returning to work. I don’t know if that is the case with most school districts but I think that it is legal to have such a policy, IIRC even union employers. Also under FMLA, whether taking medical leave for a serious health condition over an extended period of time, consecutive days or taking intermittent or reduced schedule leave for a serious health condition under FMLA, the employer may require a doctor’s certification.
Probably several ways, one that comes to mind is...the school was negligent in not verifying her condition from the get go...however I don’t know how they could have done so with medical privacy and all...but she can claim that is not her fault.
Even under existing HIPAA laws, an employer may under FMLA, require certification from a doctor.
Certification
(Q) Am I required to prove that I have a serious health condition?
An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. The employer must allow the employee at least 15 calendar days to obtain the medical certification.
(Q) What happens if my employer says my medical certification is incomplete?
An employer must advise the employee if it finds the certification is incomplete and allow the employee a reasonable opportunity to cure the deficiency. The employer must state in writing what additional information is necessary to make the certification complete and sufficient and must allow the employee at least seven calendar days to cure the deficiency, unless seven days is not practicable under particular circumstances despite the employee’s diligent good faith efforts.
(Q) Can my employer make me get a second opinion?
An employer may require a second or third medical opinion (at the employer’s expense) if he or she has reason to doubt the validity of the medical certification.
(Q) Do I have to give my employer my medical records for leave due to a serious health condition?
No. An employee is not required to give the employer his or her medical records. The employer, however, does have a statutory right to request that an employee provide medical certification containing sufficient medical facts to establish that a serious health condition exists.
http://www.dol.gov/whd/fmla/fmla-faqs.htm
It sounds to me as if the school district just took her word for it and never required any sort of certification as they would have been within their rights to require.