Does my employer have the right to request a medical certification for FMLA leave?
Yes, employers in Virginia have the right to request a medical certification for FMLA leave. According to the U.S. Department of Labor, employers must provide an employee with up to 30 calendar days to submit the required medical certification for FMLA leave. If an employee fails to provide the certification within this timeline, the employer may deny the leave or delay its start date until the certification is received. Once the medical certification is received by the employer, it must be reviewed in accordance with the federal regulations to determine if it is complete and sufficient. If it is not, employers are required to provide written notice to the employee within five business days of receiving the certification explaining what additional information is needed. This notice must also provide the employee with up to seven calendar days to provide the requested information. In general, employers cannot delay or deny an employee’s FMLA leave based solely on the employee’s failure to provide a medical certification. If the employee fails to provide the medical certification within the set timeline, the employer may deny the leave or delay the date it begins.
Related FAQs
Is an employee required to pay for health benefits while on FMLA leave?Does the FMLA protect employees from being fired while on FMLA leave?
What type of employees are eligible for FMLA leave?
Can I take FMLA leave for a company-approved trip or training?
Can I take FMLA leave to care for a seriously ill family member who lives overseas?
Which employers are covered by the FMLA?
Can my employer deny my request for FMLA leave?
What documents do I need to provide to request FMLA leave?
Does my employer have to offer me the same or similar benefits I was receiving prior to my FMLA leave?
Does the FMLA require employers to hold a job for an employee on FMLA leave?
Related Blog Posts
FMLA Law: What You Need to Know About Your Rights - July 31, 2023Navigating the FMLA Leave Process: A Step-By-Step Guide - August 7, 2023
Employee Eligibility Requirements for FMLA Leave - August 14, 2023
Understanding How FMLA Leave Works in Your State - August 21, 2023
Explanation of Eligible Uses for FMLA Leave - August 28, 2023