Employees have the right to take up to 12 weeks ofto deal with a serious health condition, provided they meet the law’s length-of-service and hours-worked requirements.
If an employer wants to challenge a request forleave, it must give the employee 15 days to get a medical certification showing she has a serious health condition. Until the employer makes the request, the 15-day period doesn’t start running.
Disciplining or firing the employee before the time is up will most likely be considered an FMLA violation if it turns out the employee really did have a serious health condition.
That is why it’s crucial to create a system that tracks FMLA requests, documents that the employee was informed of her rights and understands she has 15 days to get a medical certification.
Recent case: Deborah Branham was twice employed as a receptionist for Gannett Satellite Information Network. She was terminated once for ex...(register to read more)
- Miscalculated FMLA? Just let employee know
- Retaliation: Don't sweat link between complaint and firing, if you would have fired anyway
- Before firing, make sure employee hasn't made any recent safety complaints
- Intermittent FMLA leave is a pain, but don't deny it for that reason
- Don't automatically fire after FMLA, STD leave expire