By Marylou Fabbo, JD
The moment every supervisor and HR professional dreads … an employee comes into their office and says they want (or need) to take FMLA leave. The knee-jerk reaction may be to approve the leave in order to avoid a possible claim of FMLA interference or retaliation, but denying a request for FMLA leave may be appropriate in many cases.
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Employees have significant rights under the FMLA, but employers are not completely helpless when it comes to making sure employees actually qualify for FMLA leave and are not abusing the system. FMLA certification allows an employer to verify that its employee actually needs to take leave for a qualifying reason—his or her own serious health condition, a family member’s, or military caregiving or other military-related exigencies.
Requiring that your employee provide a completed FMLA certification form is the first step in determining whether his or her leave is actually covered by the FMLA.