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Accept worker-provided FMLA form, then question the content

by on
in FMLA Guidelines,HR Management,Human Resources

These days, employees are incredibly well-informed when it comes to their rights. In the following case, an employee found an FMLA certification form online and used it.

Recent case:
Melody Baucom took FMLA leave to give birth. When she returned to work, she still had some medical problems and sought out treatment.

Someone in HR told her she didn’t have FMLA leave available for her own serious health condition and didn’t give her a certification form. Baucom got one on the Internet, had her doctor fill it out and turned it in. When she was denied leave, she sued, alleging FMLA violations.

The employer argued the form was deficient, but the court disagreed. It said that it was up to the employer to request any clarification once it got the form, regardless of where the form came from. (Baucom v. Cabarrus Eye Center, No. 1:06-CV-209, MD NC, 2008)

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