Family and Medical Leave Act (FMLA) certification and recertification are among the best ways to reduce FMLA abuse. But employers often make mistakes with both, while some fail to satisfy the law's requirements for fitness-for-duty certifications.
Here's a brief summary of common FMLA certification and recertification mistakes to avoid.
Employer Errors in FMLA Certification
"Often, employers simply rely upon a doctor's note and do not request information from employees in making an initial determination if there is a serious health condition," said Heather Ptasznik, an attorney with Ogletree Deakins in Birmingham, Mich.
Some conditions, such as the common cold or stomach flu, don't rise to the level of a serious health condition under the FMLA, she stated.
Thus, if an employee returns to work after being out sick with a doctor's note in support of an absence for medical reasons, "the employer should issue the certification forms to make an informed determination as to whether the FMLA is even implicated," Ptasznik said.
Use the certification forms developed by the U.S. Department of Labor, added Jonathan Landesman, an attorney with Cohen Seglias in Philadelphia.
"I recommend using the department's WH-380-E form when leave is requested for an employee's serious health condition and the WH-380-F form for a family member's serious health condition," he said. Employers are required to fill out these forms and give them to an employee no later than five days after the...
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