Are employers allowed to ask an employee for medical documentation for an extended absence?

Yes, employers in Virginia are allowed to ask an employee for medical documentation for an extended absence. In Virginia, wage and hour laws state that employers must comply with the Family and Medical Leave Act (FMLA) when it comes to extended absences. FMLA requires employers to allow employees up to 12 weeks of unpaid time off due to a serious medical condition, either for the employee or a family member. While employers can’t require a doctor’s note for an absence, they can request medical documentation to verify the absence if it exceeds the 12-week period allowed under FMLA. Employers must provide a written statement to the employee outlining the need for documentation and how it will be used. Employers must also provide a reasonable amount of time for the employee to provide the documentation, as well as a description of the type of information they are looking for. Additionally, employers cannot ask for sensitive information, such as the diagnosis of the medical condition. In most cases, the amount of information requested should be enough to verify that the employee had a serious medical condition and how long they were affected by it. Medical documentation can come in the form of a doctor’s note, medical report, or other form of medical evidence. The documentation should contain the dates of the employee’s absence, as well as the medical reason for the time off.

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Are employers allowed to ask an employee for medical documentation for an extended absence?

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