One of the most common causes of lawsuits arising out of the Family and Medical Leave Act (FMLA) is an employer’s failure to give employees 15 calendar days to provide the necessary medical certification form to prove their need for FMLA leave.
According to the U.S. Court of Appeals for the Sixth Circuit (the federal court of appeals that includes Ohio), this requirement also applies to situations in which an employee requests an extension of his or her FMLA leave. In these circumstances, an employer must give the employee 15 calendar days from the date of the request for extension to submit his or her medial re-certification form.
A recent case nicely illustrates the kind of liability employers face for failing to give employees 15 days to submit their medial re-certification form. In Killian v. Yorozu Automotive, the plaintiff, Jackie Killian, requested and was approved for FMLA leave following her surgery. Killian’s FMLA leave was originally set to expire on December 10. However, complications from the surgery forced Killian to request an extension of her FMLA leave on December 4 from her employer, Yorozu Automotive. Killian’s request for an extension was verbally approved by her supervisor, who asked Killian to submit a medical re-certification form.
Yorozu terminated Killian on December 10 (Killian’s original return date) for failing to return to work and not submitting her medical re-certification form. Killian filed a lawsuit against
Yorozu, arguing that the company did not give her 15 days to submit her re-certification form. The court agreed, and awarded Killian $50,000.00 in damages.
If you feel that you are being denied leave rights under the Family Medical Leave Act (FMLA), you should call the right attorney as quickly as possible to schedule a free and confidential consultation. The phone number for FMLA help is 866-797-6040. While you focus on your family medical needs, let our FLMA attorneys focus on your medical leave rights.
The materials available at this employment law website are for informational purposes only and not for the purpose of providing legal advice. Your best option is to contact an Ohio attorney to obtain advice with respect to FMLA questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm or any individual attorney.