Alex When do employers require certification for FMLA leave?
The employer may require the employee to submit a certification from a health care provider to support the employee’s need for FMLA leave to care for a covered family member with a serious health condition or for the employee’s own serious health condition.
Can a employer require a second medical certification?
(1) An employer who has reason to doubt the validity of a medical certification may require the employee to obtain a second opinion at the employer ‘s expense. Pending receipt of the second (or third) medical opinion, the employee is provisionally entitled to the benefits of the Act, including maintenance of group health benefits.
Can a employer deny FMLA leave if it is unclear?
If an employee chooses not to provide the employer with authorization allowing the employer to clarify the certification with the health care provider, and does not otherwise clarify the certification, the employer may deny the taking of FMLA leave if the certification is unclear.
How do I request FMLA leave from my employer?
The Employee’s Guide to the Family and Medical Leave Act 7 How Do I Request FMLA Leave? To take FMLA leave, you must provide your employer with appropriate notice. If you know in advance that you will need FMLA leave (for example, if you are planning to have surgery or you are pregnant), you must give your employer at least 30 days advance
When does an employer need to certify FMLA?
When an employee requests FMLA leave due to his or her own serious health condition or a covered family member’s serious health condition, the employer may require certification in support of the leave from a health care provider.
(1) An employer who has reason to doubt the validity of a medical certification may require the employee to obtain a second opinion at the employer ‘s expense. Pending receipt of the second (or third) medical opinion, the employee is provisionally entitled to the benefits of the Act, including maintenance of group health benefits.
Can a FMLA certification be treated as unpaid leave?
If the certifications do not ultimately establish the employee ‘s entitlement to FMLA leave, the leave shall not be designated as FMLA leave and may be treated as paid or unpaid leave under the employer ‘s established leave policies.
Can a employer retroactively reclassify FMLA leave?
Employers may retroactively adjust leave and reclassify leave as FMLA leave in order to make sure an employee’s allotted FMLA leave is extinguished. If an employee schedules treatment without first discussing this with the employer, the employer may legally require the employee to consult with the medical provider about other treatment schedules.