He submitted complete and adequate medical certification indicating a need for intermittent leave for flare ups and ongoing monthly water therapy with his physician.Interestingly, the company determined that nearly 90 percent of Robert’s absences over a six-year period fell in conjunction with a holiday or weekend.This last time, he indicated that he "just could not shake this pneumonia" and he regrets that he did not stay in the hospital longer when he was first diagnosed.He states that he is going back to the doctor and will call tomorrow and let you know when he can return to work. An employer has little information about an employee’s need for leave but later finds out that the employee’s time off from work may have qualified for FMLA leave.In the 1999 case, an employer tried to institute a policy in which employees had to request FMLA leave within one hour after the beginning of the first shift they missed because of taking the leave, or else be penalized for an unauthorized absence.In short, the DOL said, “No, you can’t force employees to report the leave less than two days after taking it.” What’s changed Jump ahead to this year — and a new opinion letter, FMLA2009-1-A — released in May. ’09, but not released then.) It responds to a complaint that “employers believe that opinion letter FMLA-101 prevents them from applying internal call-in policies, disciplining employees under no call/no show policies, or disciplining employees who call in late, as long as the employees provide notice within two business days that the leave was FMLA-qualifying, regardless of whether they could have practicably provided notice sooner.” Translation: FMLA-101 in 1999 stated that employers couldn’t penalize employees who failed to follow usual company procedures for calling in an FMLA request if those usual procedures violated the two-day rule Under the new opinion letter, the employer is in the clear.The regulation update came after two years, during which the DOL received more than 20,000 suggestions on changes from employers and employee groups.Here are the most important changes in the updated FMLA regulations: 1. Employees are allowed to take up to 26 weeks of unpaid FMLA leave in each 12-month period to care for family members who suffered a serious injury or illness while on active military duty. Leave for families of National Guard and Reserve members. Good news: The regulations allow employers to directly contact an employee’s health care provider to seek clarification about information on an employee’s FMLA certification form.
This would be entirely helpful, as it ensures that the employee actually attended the appointment and was absent from work for a legitimate reason.The law gives employers the right to demand certification from the employee’s doctor of his or her need for leave.You can request new medical certification from the employee at the start of each FMLA year.The two-day rule doesn’t kick in because the employee reasonably could have followed the company’s stricter standard call-in procedure.Since 1993, complying with the FMLA had always been complex, but at least the law (once you figured it out) stayed the same. 16, 2009, when the first major overhaul of the act took effect.