When employees have a serious health condition that qualifies them for, employers have the right to some basic information. But you have to ask for it in the right way and at the right time.
Those rules are set out for you in the U.S. Department of Labor FMLA regulations. Miss a step and you could face a lawsuit alleging interference with the right to take leave.
As an employer, you are permitted—within certain limits—to ask the employee to provide medical information. Specifically, you may initially ask the employee for a certification that he has a serious health condition that makes him eligible for leave. You can later request a certification that he is again fit to return to work.
You can’t wait until the employee is ready to return to ask, though.
Ask for the medical certification showing the employee has a serious health condition as soon as you realize he may need FMLA leave. If you wait, be prepared ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Ohio poised to mandate generous family leave
- Is FMLA leave optional when employee has adequate sick leave to cover her absence?
- U.S. Labor Dept. draws battle lines in the great FMLA fight
- If worker is out on FMLA leave, can we modify her job?