News & Analysis as of

Medical Certification Requests Family Medical Leave Act

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

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

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

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

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

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

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

Department of Labor Issues Updated FMLA Forms - June 2015

by Thompson Coburn LLP on

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

by Ervin Cohen & Jessup LLP on

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

by Genova Burns LLC on

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?

by Reed Smith on

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

by Franczek Radelet P.C. on

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...

by Franczek Radelet P.C. on

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

Employer Requiring Doctor's Note for Intermittent Leave Violated FMLA

by Baker Donelson on

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

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