By Jeffrey A. Gruen
The U.S. Court of Appeals for the 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently found that an employer can be liable for interference with an employee’s Family and Medical Leave Act (FMLA) rights when it denies leave on the basis of a vague medical certification without first providing notice and a 7-day period to cure (resolve) the deficiency.
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In this case, a district court held that the employer didn’t violate the FMLA when it terminated an employee based on her absenteeism. But 3rd Circuit reversed the district court’s decision.
The appellate court explained that when an employee submits an incomplete or insufficient medical certification, the employer must inform the employee what additional information is necessary and provide her 7 calendar days to cure the deficiency before denying FMLA leave.