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Ask on-Leave employees to tell you when they’ll return

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in FMLA Guidelines,Human Resources

Q. Is it legal to require that employees on FMLA leave report to us regularly on their plans to return to work? —P.R., New York

A. It's not just legally OK, it's smart. No employee should receive open-ended FMLA 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.

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