News & Analysis as of

Medical Certification Requests

Can I Get Some Clarification On That Certification? Maybe Not … Differences Between FMLA And CFRA

by Jackson Lewis P.C. on

Under the Family and Medical Leave Act (“FMLA”), an employer is permitted to contact an employee’s healthcare provider, with the employee’s permission, to clarify a medical certification submitted in support of the employee’s...more

Compliance with Executive Order 13706 – Paid Sick Leave for Federal Contractors

Executive Order (“EO”) 13076, signed by President Barack Obama on September 7, 2015, established paid sick leave for federal contractors. Specifically, this EO requires certain parties that contract with the Federal...more

FMLA FAQ: Can a Chiropractor Certify FMLA Leave? And Are There Limits?

by Franczek Radelet P.C. on

Backs across America must collectively be giving out, as my clients’ questions about medical certification from chiropractors are on the increase. So, I’ll hit this one head on: Is a chiropractor considered a health care...more

Asking Enough But Not Too Much: Medical Certifications For Leaves Of Absence Under The FMLA And CFRA

by Jackson Lewis P.C. on

The FMLA and CFRA both permit an employer to require an employee requesting a leave of absence to provide a medical certification, but these laws differ with respect to the information and employer can request about the...more

Intermittent Leave Under the FMLA – The Basics

Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members...more

Can an Employer Require That an Employee Submit FMLA Certification from a Specialist to Support the Need for FMLA Leave?

by Franczek Radelet P.C. on

When it comes to FMLA medical certification, my clients have many complaints. One beef, in particular, is vague medical information they receive on a certification completed by the employee’s primary care physician. This...more

DOL’s Final Rule on Sick Leave Takes Effect: Contractors Have Until Year’s End to Comply

On September 29, 2016, the DOL released a final rule requiring federal contractors to provide seven days of paid sick leave annually. More than 35,000 individuals and organizations submitted comments on the DOL’s proposed...more

FMLA FAQ: Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? And What If It's an LCPC?

by Franczek Radelet P.C. on

Q: Our employee is trying to support his need for FMLA leave with medical certification from an online health care provider. Is this valid under the FMLA? And What if It’s a Licensed Clinical Professional Counselor? A:...more

Chronic Conditions: Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?

by Franczek Radelet P.C. on

Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday. Cleaning floors...more

Combatting Intermittent FMLA Leave Abuse: An Employer’s Toolbox

by Fisher Phillips on

As most employers know, the Family Medical Leave Act (FMLA) allows employees to take up to 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. While...more

Top Ten FMLA Leave Mistakes

by Fisher Phillips on

The Family Medical Leave Act (FMLA) grants unpaid, job-protected leave to eligible employees for specified family and medical reasons, also providing them with continuation of group health insurance coverage under the same...more

Utah Law Requiring Employers to Provide Reasonable Accommodations Related to Pregnancy and Breastfeeding to Take Effect May 10,...

Utah recently passed a new law, which will be effective May 10, 2016, designed to provide additional workplace protections to employees who are pregnant, breastfeeding and/or dealing with other related conditions. Under...more

FMLA FAQ: What if the Doctor Refuses to Use the Employer's FMLA Medical Certification Form? And They Want to Charge a Fee for It?

by Franczek Radelet P.C. on

A couple of clients have asked me recently whether a health care provider can use his/her own medical certification form or “doctor’s note” to support the employee’s need for FMLA leave, or can we require the HCP to use the...more

Utah Has a Bun in the Oven: Pregnancy Bill Awaits Governor’s Approval

The Utah State Legislature recently passed S.B. 59, a bill that would amend the Utah Antidiscrimination Act to require employers with 15 or more Utah employees to provide reasonable accommodations related to pregnancy,...more

Labor and Employment Group News: Human Resources Director Can Be Held Personally Liable Under FMLA

by Murtha Cullina on

On March 17, 2016, the Second Circuit Court of Appeals ruled that a Human Resources Director can be held personally liable, under a broad reading of what constitutes "an employer" under the FMLA. Graziadio v. Culinary...more

Seven Policy Provisions To Curb FMLA Abuse

by Foley & Lardner LLP on

Most employers are aware of, and comply with, the requirement to include information about employees’ rights and obligations under the Family and Medical Leave Act (FMLA) in employee handbooks or other written policy...more

Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?

by Franczek Radelet P.C. on

One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these...more

Employers May Not Deny FMLA Leave Requests Without Allowing an Opportunity to Cure a Deficient Medical Certification

by Genova Burns LLC on

On September 17, 2015, the New Jersey Appellate Division emphasized that an employer has “modest burdens” to not only advise employees of their rights under the Family and Medical Leave Act (“FMLA”), but also must advise...more

Executive Orders: The Employment Transformers for Federal Contractors

by Foley & Lardner LLP on

As we have detailed on several occasions over the past year, President Obama has used executive orders to implement sweeping new workplace policies for federal contractors and their employees. For example, the president has...more

President Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave

by Morgan Lewis on

The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more

BREAKING: Obama Administration Issues Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

On September 7, 2015, the President issued the Establishing Paid Sick Leave for Federal Contractors Executive Order (the “Order”) requiring federal contractors to provide up to 56 hours (7 days) of paid sick leave per year to...more

Americans with Disabilities Act: Focusing on Reasonable Accommodations

by Smith Anderson on

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

Make Sure your Company is Using Updated FMLA Medical Certification Forms

When requesting medical certification of the need for FMLA leave, most employers rely on the U.S. Department of Labor’s certification forms. DOL publishes four medical certification forms, based on the specific kind of FMLA...more

If Pain, Yes Gain – Part XI: Pittsburgh Passes Paid Sick Leave Law

by Seyfarth Shaw LLP on

Following the lead set by Philadelphia earlier this year, the Pittsburgh City Council passed the “Paid Sick Days Act” (“the Act”) on August 3, 2015. If the Act is signed into law by Mayor Bill Peduto, which is expected,...more

New Amendments To The California Family Rights Act (CFRA) Regulations

by McManis Faulkner on

The Fair Employment and Housing Council recently adopted significant amendments to the California Family Rights Act (CFRA) regulations, which took effect on July 1, 2015. The CFRA provides family and medical leave to...more

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