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Hello IN×39’m SusaSchoenbergld senior legal editor for BL RS Human Resources and employment law publications I'm here today to talk about medical certification under the Family medical Leave Act or FMLA which is atomic of many tough questions we receive from HR managers through our ask the expert service we recently received this question from a frustrated employer Have an employee who is off work due to workers compensation injury the employer refuses to get FMLA medical certification is there anything I can do goes on to ask when his 12 weeks Earp would we be able to terminate this employee or worse yet could he say median×39’t use any Leave wellll first remember that under FMLA the employee has to provide the requested medical certification to the employer within 15 calendar days after the employers request this is true unless the employee can prove that it was not practicable under the particular circumstances to provide the medicalcertificationdespite the employees diligentgood-faith efforts or in some cases if the employer allows more than 15calendar days to return the requested medical certification well in this case the employee is definitely not making those good-faith efforts in fact he'making no effort at all an employee Haman obligation to not only return medical certification but also to respond to employer×39’s questions designed determine né whether an absence is potentially FMLA qualified if an employee fails to respond to employer×39’s reasonable inquiries regarding the leave requests the employer may deny FMLA protection if the employer is unable to determine whether believe is FMLA qualifying so in this situation the employee is already on leave for workers compensation so this wouldn't×39’t work however the use of denying or delaying FMLA leave is very useful in situations where the employees not otherwise eligible for leaves in this situation if the employee refuses to return a family paperwork the employer may designate believe as Flyleaves based on information it has regarding the workers' compensation injury and assuming that that information will satisfy the FMLA Stanford a serious health condition at the end of the 12 weeks of FMLA the employer has to consider whether the employee is entitled to additional leave under a Door state disability law as a reasonable accommodation if that's applicable but if the employer determines that the employee is not eligible to add it for additional leave at the end of his other FMLA leave the employer should first consult with employment counsel given the interplay of workers compensation FMLA and a DA in the situation makes it a particularly prickly situation for termination now remember it's the employer who'responsible for designating leave Asama qualifying and forgiving notice of the designation to the employee it×39’s not up to the employee to decide whether leave should be designated as a family leave try as they might and when the employer has enough information to determine...
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