By Steven L. Brenneman of Fox, Swibel, Levin & Carroll, LLP
Think you have intermittent leave and medical certifications finally figured out? A recent decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—illustrates that not all employers do.
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The 7th Circuit grappled with two questions:
1. Can an employer deny intermittent FMLA leave when the employee exceeds the estimated length or duration stated in his medical certification form?
2. Is expert testimony necessary to prove the employee was incapacitated each day for which he requested FMLA leave?
What can we learn?
Read more here.