Navigating the Process to Decertify FMLA Leave and Subsequent ADA Actions
By Gail I. Cohen, JD
Director, Employment Law & Compliance
Matrix Absence Management
Employers often wonder, once they have that “final and binding” third opinion, what they should do about all the absences the employee previously reported as Family and Medical Leave Act (FMLA) leave? While the regulations do not tell employers what to do, this column will set forth a recommended best practice, along with ramifications for request for leave as an accommodation under the Americans with Disabilities Act (ADA).
Pending Absences
The FMLA requires employers to approve or deny FMLA within five business days of receipt of a complete and sufficient certification.1 The exception to this rule occurs when the employer decides to pursue a second opinion. It can take several weeks, or even months, to select the second and/or third opinion providers and schedule the appointments.
Full content is available to DMEC members only. to view the complete resource.
If you are not a DMEC member, we encourage you to join. DMEC members have access to white papers, case studies, @Work magazine articles, free webinars, legislative updates, and much more. These resources will assist you in building an effective and compliant integrated absence management program, saving you time, resources, and money. Learn more.
If you are being asked to log in more than once, please refresh your browser.