Is an employee required to provide documentation to verify FMLA leave?

In New York, the answer is yes, an employee is required to provide documentation to verify Family and Medical Leave Act (FMLA) leave. According to the US Department of Labor, some employers may require employees to provide written verification from a health care provider for certain types of qualifying FMLA leave. In New York, such verification must include a statement certifying that the employee is unable to perform the essential functions of the job and the estimated duration of the absence. The employer may also require certification that the leave is for the purposes allowed under the FMLA. Employers may also require employees to submit to periodic fitness-for-duty examinations when taking FMLA leave if it is necessary for the employer to determine the employee’s ability to return to work. Additionally, employers may also require employees to provide periodic updateson the employee’s status and intent to return to work. This requirement of documentation help verify that the employee’s leave is for qualified medical reasons, as the FMLA is intended for medical reasons, not vacation or personal reasons. Documentation also helps employers manage workloads and staffing while employees are on FMLA leave. Overall, employees in New York are required to provide documentation to verify their FMLA leave when necessary. Documentation helps verify that FMLA leave is for a medical reason and also helps employers manage staffing needs while employees are out on FMLA leave.

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