An automotive company granted a welderuntil Dec. 10. But due to medical complications, she called on Dec. 4 requesting an extension. A company nurse orally approved the extension but asked for certification. The company fired her when she didn't arrive at work on Dec. 11. The employee sued, saying the allows her 15 days from Dec. 4 to obtain recertification. A jury agreed, awarding her $50,000. (Killian v. Yorozu Automotive Tennessee, 6th Cir.)
Advice: You must give employees at least 15 calendar days to obtain the necessary medical certification to prove their need for FMLA leave. The same rule holds true in recertification cases: Provide at least 15 days from the date the employee asked for the extension. Document your communications.
- Do we have FMLA reinstatement obligations if employee asks for leave and then quits?
- What are our notice requirements for responding to an employee's FMLA request?
- Disability benefits for exemployees
- Telecommuters eligible for FMLA? Geography may be irrelevant.
- Must we grant dad intermittent FMLA leave after baby is born?