If an employer requires a certification, the employee must provide the completed certification within 15 calendar days after the employer’s request. Does Zyloc have a good defense?įirst, let’s look at the FMLA regulations. Jake brings a lawsuit for FMLA interference. On July 20, Zyloc denied Jake’s FMLA and terminated Jake’s employment due to his unexcused absences. Although Jake stated he would send the certification, he never did. Zyloc extended the June 7 deadline for Jake to return the certification to June 15 and again, informed Jake in writing and in oral communications that the medical records were not a substitute for the certification and that a completed certification must be provided by the deadline. But in response, Jake would simply resend the hundreds of pages of the same prior medical records and the same work status report. Zyloc repeatedly reminded Jake that it needed the completed certification, not just the medical records. This included a “work status report” stating he could not work until July 30. Instead, Jake sent Zyloc multiple copies of his voluminous medical records-dozens of pages. Over the period between May 15 through June 7, Jake did not submit a completed certification, or any certification at all. Zyloc sent all required FMLA notices and in doing so, required that Jake return a certification completed by his medical provider by June 7. For purposes of this scenario, let’s agree this would be considered a serious health condition as defined by the FMLA. On May 11, Jake was in a car accident and as a result, he developed severe back and neck pain. Jake (a fictional character) worked for Zyloc (a fictional company) as a financial analyst. What should an employer do in that situation? Senior Compliance Consultant and Legal Counsel,Įmployers often receive medical documentation from an employee to support an FMLA request, but no certification. Director and Product Compliance Counsel
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