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Medical Certification Requests Medical Leave

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eleventh in a series highlighting some of the more common mistakes employers can...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

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

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

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

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

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

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

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

by Franczek Radelet P.C. on

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

Employee Fired For Absences Exceeding His Certification Can Raise A Viable FMLA Claim

by Franczek Radelet P.C. on

Have you ever made a rash decision that you wish you could take back the second you made it? ...more

FMLA FAQ: How Long Can An Employer Rely On A Second Or Third Opinion Under The FMLA?

by Franczek Radelet P.C. on

We have become more aggressive on suspected cases of FMLA abuse and, as a result, we have sent a greater number of employees for second and third opinions after they turn in medical certification. Once we have received the...more

Court Rules That Third Party Administrators Can Be Held Liable For FMLA-Related Violations

by Franczek Radelet P.C. on

Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more

How Can Congress Improve The FMLA? Let's Count the Ways...

by Franczek Radelet P.C. on

Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act. ...more

An Employee Requests And Is Denied Vacation Leave But Later Takes FMLA Leave For The Same Time Period. What Recourse Does An...

by Franczek Radelet P.C. on

This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her...more

New California Disability Regulations to Become Effective December 30

by Morgan Lewis on

California employers should take action promptly to ensure compliance with new state disability and pregnancy disability regulations. On December 26, California's Office of Administrative Law approved new disability...more

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