Q. Can an employee be required to use FMLA leave if the required paperwork has not been completed by the employee or signed by the employee’s physician?
A. Yes. An employee is not required to use any specific language, or even mention the FMLA, to invoke leave rights under the FMLA. In addition, the regulations implementing the FMLA provide that an employer may waive an employee’s FMLA notice requirements, including the requirement of a certification signed by the employee’s medical care provider.
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