Tips for Responding to Incomplete or Insufficient FMLA Certifications
By Lana L. Rupprecht, Esq., Director, Product Compliance, Matrix Absence Management, Inc.
A common challenge for employers administering Family and Medical Leave Act (FMLA) leave is dealing with incomplete (blank sections) or insufficient (vague, ambiguous, or nonresponsive) certifications.
The FMLA regulations1 provide guidelines for addressing incomplete and insufficient certifications. Use the following process and do not deny leave without giving the employee an opportunity to cure deficiencies. Send the employee written notice that:
- Identifies problematic entries and provides the information needed.
- Explains the consequences (denial of leave) for no cure of a deficiency.
- Provides seven calendar days (unless that is not practicable) for employees to correct or complete the certification.
It’s important to only request information that is needed and permitted. Stick to the questions on the certification form. Once you send a written notice, the employee must provide a complete and sufficient certification or provide an authorization for the healthcare provider to do so.
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.