What happens if an employee does not provide FMLA certification?

If an employee fails to timely submit a properly requested medical certification (absent sufficient explanation of the delay), FMLA protection for the leave may be delayed or denied. If the employee never provides a medical certification, then the leave is not FMLA leave.

What happens if an employee is abusing FMLA at work?

When employees at a company have to frequently cover for co-workers that are abusing FMLA, it can take a significant toll on both productivity and morale. There are steps employers can take which can greatly reduce, or even completely eradicate FMLA Abuse.

Can an employer put an employee under surveillance under FMLA?

Courts have upheld the idea that employers who have good reason to believe an employee is guilty of FMLA abuse have every right to place that employee under surveillance, including hiring a third party to provide audio-free videotape of any activity the employee performs in public.

What are the problems with intermittent leave under FMLA?

The two main problems are: FMLA regulations don’t specify a minimum amount of time that employees can take for intermittent leave. The medical conditions that are most often associated with intermittent leave can be difficult to prove, as with migraines.

When can you use FMLA leave for chronic serious health conditions?

Under the regulations, employees continue to be able to use FMLA leave for any period of incapacity or treatment due to a chronic serious health condition.

When does an employer have to notify an employee of FMLA leave?

Under the regulations, an employer must notify an employee whether leave will be designated as FMLA leave within five business days of learning that the leave is being taken for a FMLA-qualifying reason, absent extenuating circumstances.

What are the FMLA leave entitlements for military family members?

The FMLA also provides certain military family leave entitlements. Eligible employees may take FMLA leave for specified reasons related to certain military deployments of their family members. Additionally, they may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.