None
EN
Must employers always wait before clarifying FMLA certifications with providers? Not necessarily, 4th Circuit says
['Caroline Colvin']
HR Dive - Latest News
The opinion revives a lawsuit in which an employee resubmitted information from a previous FMLA leave request and filled out information that a medical professional should have filled out instead.
FMLA regulations didn’t necessarily confer on the plaintiff “a clearly established right to an opportunity to cure any inauthenticity of his FMLA certification before his employer contacted the certifying health care provider,” the court held.
Dive Insight:The plaintiff, an employee for the City of Martinsville, Virginia, had previously taken FMLA leave in 2020 to care for his mother.
In 2021, the plaintiff wanted to take FMLA leave for the same purpose.
An administrative assistant flagged to the plaintiff’s supervisor that the 2021 leave form had been improperly filled out.