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Thomas Swartz
Thomas Swartz, Attorney
Category: Employment Law
Satisfied Customers: 3023
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Is the employer allowed to ask doctor note when FMLA

Customer Question

Is the employer allowed to ask for a doctor note when FMLA situation arises that was approved by corporate.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Thomas Swartz replied 6 months ago.
Hello Willie,Yes an employer can ask for a doctor's note, or a medical certification, when an employee asks for FMLA leave. This is provided for in the rules promulgated under the FMLA act - Code of Federal Regulations Section 825.305.It does not matter that leave was already approved. The regulations provide that an employer can request a medical certification "at some later date if the employer later has reason to question the appropriateness of the leave or its duration."So, unfortunately you would have to provide a doctor's note if requested.Thomas

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