Medical Certification Requests Family Medical Leave Act

News & Analysis as of

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

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?

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

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

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

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?

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

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

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

Complying with FMLA and ADA Medical Information Restrictions

Two common laws employers must deal with regarding employee leave requests are the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Not surprisingly, these laws contain a thicket of regulations...more

Seven Policy Provisions To Curb FMLA Abuse

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?

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

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

Amendments to the California Family Rights Act Take Effect

On July 1, 2015, amendments revamping the California Family Rights Act (“CFRA”) went into effect. CFRA is a regulation that provides employees with up to 12 workweeks of leave within a 12-month period for a qualifying event,...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

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

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

Department of Labor Issues Updated FMLA Forms - June 2015

On May 28, 2015, the U.S. Department of Labor (“DOL”) issued updated model Family and Medical Leave Act (“FMLA”) certification and notification forms, with a new expiration date of May 31, 2018. Employers using the DOL forms...more

The CFRA Amendments: How to Prepare Your Organization

On March 4, 2015, the California Fair Employment and Housing Council approved updates to the California Family Rights Act (CFRA) regulations. These updates, which took effect on July 1, 2015, clarify certain CFRA provisions...more

New FMLA Forms Issued by Department of Labor

The US Department of Labor recently revised the model Family and Medical Leave Act notices and medical certification forms to be given to employees in connection with the FMLA. The forms are not substantially changed from the...more

Third Circuit Offers Key Guidance on FMLA Regulations for Employers

Recently, the Third Circuit has issued two opinions that clarify the Family and Medical Leave Act (“FMLA”) regulations, giving crucial guidance to employers in navigating how to handle employees’ leave requests....more

Is Your Company Prepared for the Changes to CFRA Leave?

The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following (...). The amended CFRA...more

Employer's Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us

Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process?  Let me warn you — what you are about to read is not pretty and not for the faint of heart....more

The Best of 2014: Sending FMLA Notices by Mail/Email, Requiring Doctor's Notes for Intermittent FMLA Absences Among Most Popular...

It’s the final week of the year, so while everyone else in the world is playing with their latest version of iPhone and other new electronic gadgets, I spend my time analyzing this year’s FMLA blog posts and agonizing over...more

Failure to Advise Employee of Consequences of Not Returning Medical Certification Form Results in FMLA Interference Verdict

The Family and Medical Leave Act permits employers to require eligible employees to submit medical certification of their need for personal or companionship FMLA leave. Under Department of Labor rules, employees have 15 days...more

Sixth Circuit Rules FedEx Failed to Properly Explain FMLA to Employee

The Sixth Circuit Court recently affirmed a jury verdict in favor of an employee in a major Family and Medical Leave Act (FMLA) interference claim. According to the decision, FedEx was liable for failing to provide the...more

Employer Requiring Doctor's Note for Intermittent Leave Violated FMLA

The United States District Court for the District of Oregon recently held that an employer's requirement that employees on intermittent leave provide a doctor's note for each absence violated the Family and Medical Leave Act...more

FMLA FAQ: Can An Employer Designate FMLA Leave When An Employee Refuses To Provide Medical Certification?

I received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act. One question, in particular, was thrown at me repeatedly, and it...more

Can An Employee Insist That The Employer Pay For FMLA Medical Certification?

Let's put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support...more

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