By Susan Schoenfeld, JD
You have given an employee awaiting the birth of a baby the FMLA forms twice, and she has not returned them to you. Can you send her a letter giving her a deadline to get the forms to HR; otherwise her FMLA may be in jeopardy. Do you have the right to do that?
Under the FMLA employers are permitted—but not required—to request medical certification of an employee’s need to take leave. Generally, medical certification is needed if an employer is not sure, from the information provided, whether the employee’s medical condition or (qualifying exigency in the case of military leave) qualifies for leave under the FMLA.
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