Have you ever needed to take medical leave under the Family Medical Leave Act? Ever had an employer who was not very helpful in making sure that all the proper paperwork was completed for your FMLA leave? Do yourself a favor and learn how to protect yourself in order to ensure that your employer cannot deny your FMLA leave.
For instance, your employer may have not informed you that that under the FMLA, an employee requesting leave must provide a medical certification for the leave upon request by the employer. The employee has 15 days to return the requested certification, unless it is not practicable to do so under the given circumstances. If the employee fails to provide the certification within 15 days, the employer may deny the FMLA leave.
Indeed, the Northern District Court of Ohio in Kinds v. Ohio Bell Telephone Co., recently determined that even if an employee returns the requested medical certification after the 15-day limit, the employer can still lawfully deny FMLA leave. In fact, the employer may lawfully deny the employee’s FMLA leave even if the employee misses the 15-day deadline by a short amount of time.
Do not let the 15-day limit for turning in medical certifications prevent you from getting your eligible FMLA leave. If you are having trouble getting your FMLA leave or think that your employer may have retaliated against you for using FMLA leave, contact an employment attorney to have your questions answered.
If you even think that your employment rights have been violated or that you might need an employment lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. the Spitz law firm is dedicated to protecting employees’ rights and solving employment disputes.
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