News & Analysis as of

Wage and Hour › Medical Certification Requests

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

Constangy, Brooks, Smith & Prophete, LLP on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Jackson Lewis P.C.

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

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP on

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

Franczek P.C.

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

Franczek 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

Orrick - Employment Law and Litigation

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

Orrick - Employment Law and Litigation on

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

Franczek P.C.

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

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

Franczek P.C.

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

Franczek 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

Franczek P.C.

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

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

Franczek P.C.

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

Franczek 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

Foley & Lardner LLP

Executive Orders: The Employment Transformers for Federal Contractors

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

Morgan Lewis

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

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

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