Compliance Stuff

What kind of notice must employees provide to their employer when taking leave under the Family and Medical Leave Act? And how strictly may an employer rely on a doctor’s certification regarding the amount of FMLA leave an employee requires? A recent decision,  Jackson v. United States Postal Service , from the U.S. Court of Appeals for the Sixth Circuit, provides guidance on these difficult questions. Quick Hits The U.S. Court of Appeals for the Sixth Circuit’s opinion in  Jackson v. United States Postal Service  provides guidance to employers on FMLA notice requirements and certifications. Employers may wish to ensure that actual practices align with written notice procedures and enforce those procedures consistently. For unforeseen intermittent leave under the FMLA , a healthcare provider’s certification provides only an estimate of leave and not an absolute limi t. Background The employee, Kristopher Jackson, suffers from sickle cell anemia, which can flare up unpredi...

Here’s a story about Dyamond, who will forever impact the manner in which you review FMLA medical certification. If this teaser doesn’t have you on the edge of your seat, nothing in this little FMLA blog will. Dyamond’s Story Dyamond worked at an assisted living facility run by the State of Illinois (DHS), and she became pregnant. It was a difficult first trimester for Dyamond, who was absent several days due to morning sickness associated with her pregnancy. When she missed five workdays in a bit more than a week due to reported morning sickness, DHS provided her FMLA notices and asked her doctor to complete medical certification. One week later, she even left her shift early due to another bout with morning sickness. Dyamond’s obstetrician completed medical certification, noting that her medical condition was “pregnancy.” As she suffered from lupus, her pregnancy was considered high-risk, and her OB required additional testing periodically throughout her pregnancy. In the FMLA medica...