Best Ohio FMLA Attorney Reply: Under FMLA guidelines, can my employer force me to recertify for FMLA leave even if I did not make a request for leave this year? Can my job have a policy of automatic recertification of a medical condition without a request for leave under the FMLA? Do I qualify for FMLA?
The Family Medical Leave Act (“FMLA”) allows an employee to take up to twelve weeks or 1,250 hours of unpaid leave for the purpose of caring for the serious medical condition of a spouse, child, or for their own illness. (Also read: Do I Qualify For FMLA? What are FLMA eligibility requirement?) Under the FMLA your boss has the right to ask for medical documentation from any employee requesting FMLA that describes the condition and when the employee may return to work after the treatment of the medical condition. Employees requesting leave must provide the employer with the medical information along with their FMLA request. After the FMLA leave is approved by the employer, the employee may take protected leave and return once the medical condition no longer requires unpaid leave for treatment. Employees who have chronic health conditions (ex. severe depression or anxiety) may need to take leave annually to treat the condition.
So those are the basics. Let’s say an employee has a chronic medical condition. That employee has taken FMLA medical leave for three years straight at various points in the year. The HR boss recognizes the pattern and is the kind of guy that likes all his ducks in a neat row. So, this begs the question: Can an employer, in an effort to increase efficiency require the employee to submit medical documentation yearly without an FMLA request?
The answer to the previous question is a resounding no. Under FMLA, “the employer should request that an employee furnish certification at the time the employee gives notice of the need for leave or within five business days thereafter…” The purpose of the provision is to provide a standard amount of time to request medical certification, but it also serves the purpose of preventing employers from discriminating against employees by screening out the employees with chronic medical conditions. Automatic medical certifications are unlawful under the FMLA and any request for medical certification must follow a request by the employee for FMLA leave.
If you feel that you are being denied leave rights under the Family Medical Leave Act (FMLA) or are being retaliated against for taking medical leave, you should call the right attorney as quickly as possible to schedule a free and confidential consultation. The phone number to contact an Ohio attorney 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.
This employment law website is an advertisement. The materials available at the top of this medical leave page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “how do I get medical leave under the FMLA?”, “what should I do when my job won’t give me medical leave?”, “can my boss deny me medical leave?”, “what should I do if I was fired in retaliation for taking FMLA leave?”, or “is my employer allowed to…?”, your best option is to contact an Ohio medical leave 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, Brian Spitz, or any individual attorney.