When Employers Push for FMLA: What Chiropractors Need to Know
Originally published: 2025-09-25
Chiropractors sometimes find themselves in a difficult position when patients, or their employers, ask for Family and Medical Leave Act (FMLA) paperwork. While it may seem like a simple form, completing this documentation without proper justification carries significant risk.
Recently, a ChiroFutures insured asked whether they should complete FMLA forms for a wellness patient with only mild back pain. The patient had stopped responding to messages, but the employer continued to send the paperwork. Our advice highlights the importance of understanding both your role and your limits.
What FMLA Really Requires
The Family and Medical Leave Act provides eligible employees with job-protected leave for defined serious health conditions. It does not cover routine wellness care or minor complaints. Certifying otherwise exposes a provider to allegations of fraud or misrepresentation.
“FMLA certification is not about convenience, it requires evidence of a serious health condition.”
The Risk to Chiropractors
When you sign an FMLA form, you are certifying that the patient meets federal criteria for medical leave. If your records don’t support that, you have opened the door to liability. Employers can challenge the documentation, and regulators can review it. A casual “favor” to a patient can quickly turn into a professional nightmare.
“Completing forms without a clinical basis could expose you to liability for misrepresentation.”
What You Should Do
In this case, the insured handled the situation correctly:
Declined to complete the FMLA paperwork, citing lack of justification.
Advised the patient to contact her primary care provider.
Documented all attempts to communicate with the patient.
That is all that is required. You are not obligated to complete or return the forms if you cannot certify the condition.
If the employer continues sending requests, you can either ignore them or send a brief written statement declining to complete the forms. Keep copies of all communications in your records.
ChiroFutures’ Risk Management Bottom Line
Your role as a chiropractor does not include certifying medical leave for conditions that do not meet FMLA standards. Protect yourself by sticking to the facts, documenting your actions, and never signing off on something you cannot substantiate.
“When in doubt, don’t sign. Protecting your license and your reputation comes first.”
