What Happens When Employees Fail to Provide Timely FMLA Certifications
By Marti Cardi, Esq., Vice President, Product Compliance, Matrix Absence Management, Inc.; Lana L. Rupprecht, Esq., Director, Product Compliance, Matrix Absence Management, Inc.
Our last column addressed challenges employers face with incomplete or insufficient certifications. But what if a certification is not returned on time or at all?
If an employer requires a medical certification to justify Family and Medical Leave Act (FMLA) covered absences, employees have 15 days to submit certifications. More than 15 days is permissible if an employer allows it, or it is “not practicable under the particular circumstances” for employees to return completed certifications despite “diligent, good faith efforts.”1
Employers must explain the consequences for not returning FMLA certifications, which may include denial or delay of FMLA-covered leave. If an employee doesn’t return a certification, the leave is not considered FMLA leave and may be denied.2
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.