An employee may ask to use FMLA to care for a
family member, for their own physical/mental
health care or after the birth or adoption of a
child. The employer is allowed to request
documentation, i.e., birth certificate, court
documentation, or a medical provider’s
certification. FMLA can be delayed
until the certification has been received.
To
be eligible an employee must have a condition
that makes him or her unable to perform their
essential job function. Substance abuse is
covered when the employee is seeking treatment
and not just impaired by their usage.
An
employer is allowed to periodically request an
employee on leave to report their status and
intentions to return to work. If the
employee informs the employer that they do
not intend to return to work, the employer may
terminate the employment relationship ending the
employee's FMLA. Additionally, the U.S
Department of Labor allows for recertification
of leave taken because of an employee’s own
serious health condition or the serious health
condition of a family member. If
an employee fraudulently obtains FMLA, he or she
is not protected by FMLA for purposes of job
restoration and benefit maintenance.
DISCLAIMER:
The
information contained in this communication is
not intended or written to be used as
legal advice. We provide Investigative Services.
We encourage you to seek competent legal advice.
FAS Offers:
● Extensive database research and
source canvass
● Cost effective covert
surveillance packages
● Prompt written report with
supporting evidence and/or video
documentation
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