Q. Is it legal to require that employees on
A. It's not just legally OK, it's smart. No employee should receive open-ended leave. If a medical certification form doesn't include an estimated leave length or if the leave extends beyond the estimated time, you should ask for a new certification from the employee's physician. Also, if you believe the leave is unwarranted, you can require an examination by a physician of your choice.
Note: You can request recertification every 30 days. But if the employee requests an FMLA leave extension during the first 30 days of leave, you can request recertification immediately.
- Weigh 'reasonableness' when considering ADA time off after employee has taken FMLA leave
- North Carolina Retaliatory Employment Discrimination Act
- Beware cryptic notes in your HR files--they could be used against you in a later lawsuit
- How do we prevent 'stacking' of FMLA, sick leave?
- How do California and federal laws treat surrogate motherhood?