Wage and Hour, Medical Certification Requests

Suspected Abuse of FMLA Leave: What Can be Done?

Spilman Thomas & Battle, PLLC on 12/9/2024

The Family Medical Leave Act (the “FMLA”) entitles eligible employees of covered employers to take 12 (and in some cases related to military service, 26) weeks of unpaid, job-protected leave for specified family and medical...more

FMLA abuse: 5 things this employer did right

Constangy, Brooks, Smith & Prophete, LLP on 9/20/2024

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

DOL Publishes New FMLA Forms, Signals More To Come With Expansive Request For Information On FMLA

Jackson Lewis P.C. on 7/20/2020

On July 16, 2020 the Department of Labor (“DOL”) unveiled its new FMLA forms. As we previously reported, the DOL announced its plan to revamp the forms in August 2019. However, the DOL made further revisions to the August...more

Curing the ‘Friday and Monday Leave Act’ Blues: Addressing Increased Summertime Absenteeism and FMLA Intermittent Leave - Labor &...

Bradley Arant Boult Cummings LLP on 7/18/2018

Employers don’t call the Family and Medical Leave Act the “Friday and Monday Leave Act” for nothing, especially this time of year. The allure of summertime fun in the sun can cause an increase in employee absenteeism,...more

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

Jackson Lewis P.C. on 8/15/2017

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

Arnall Golden Gregory LLP on 8/9/2017

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

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

Franczek P.C. on 11/4/2016

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

Orrick - Employment Law and Litigation on 10/12/2016

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?

Franczek P.C. on 8/11/2016

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?

Franczek P.C. on 7/14/2016

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

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?

Franczek P.C. on 3/31/2016

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

Wage and Hour › Medical Certification Requests