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You don’t need a second opinion to reject FMLA certification

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in FMLA Guidelines,Human Resources,Meeting Management,Office Management

The 6th Circuit Court of Appeals, which covers Michigan, recently handed employers some ammunition to fight FMLA claims.

In its decision in Novak v. MetroHealth Medical Center, the court upheld the employer’s decision to reject medical certification forms that did not support an FMLA leave, and reaffirmed its holding that an employer is not obligated to get a second opinion when it rejects an employee’s certification paperwork.

Back pain, a baby, missed work

Donna Novak missed a lot of work in 2004. That was a problem because the MetroHealth Medical Center has a no-fault policy that calls for termination if an employee is absent more than a set number of hours in any 12-month period.

On March 22, Novak called in absent, saying her daughter was having a baby. On March 24 and 25 she stated that she could not work because of “back pain.” She wrote an e-mail on the 27th stating she needed to be out from Monday, March 29, th...(register to read more)

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