Notice Requirements For FMLA Leave

____ 1. Notice of the intention to take leave.

____ a. When the need for FMLA leave is foreseeable, eligible employees are required to give 30 days notice of their intent to take leave.

____ b. Examples of foreseeable leave are leaves for the birth of a child and for planned medical treatment for a serious health condition.

____ c. When circumstances require that leave begin in less than 30 days, as with a premature birth, sudden change in a medical condition, or the availability of a child for placement, the employee must give as much notice as is practicable (possible and practical).

____ d. Employees who request leave for planned medical treatment should make a reasonable effort, subject to the approval of the treating health care provider, to schedule the planned treatment so as not to unduly disrupt the employer s operations.

____ 2. Certification of the need for leave.

____ a. An employer may require that an employee submit certification issued by a health care provider to support a request for leave due to a serious health condition.

____ b. If the employer has reason to doubt the validity of an eligible employee s certification, the employer may require the employee to obtain, at the employer s expense, a second opinion from a health care provider selected by (but not regularly employed by) the employer.

____ c. Should the second opinion differ from the original certification, the employer may require a third medical opinion, again at the employer s expense, from a health care provider selected jointly by the employer and employee.

____ d. The third opinion is final and binding.

____ 3. Recertification during FMLA leave:

____ a. The employer may require, on a reasonable basis, that an employee on leave recertify the need for continued leave.

____ 4. Certification of readiness to return to work:

____ a. The employer may also require certification that an employee is ready to return to work following medical leave for the employee s own serious health condition or that an employee is unable to return to work at the expiration of leave because of a serious health condition if the employer uniformly requires the same certification from each returning employee.

____ b. State or local law and collective bargaining agreements may supersede the FMLA and govern the conditions for an employee s return to work.

Reprinted with permission. © CCH