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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102131
Experience:  Years of experience in running a medium sized law firm.
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My husband has fmla paperwork on file for me with his

Customer Question

Hello, my husband has fmla paperwork on file for me with his employer. It is current and it has been updated per their request. We have provided tons of documentation and he is still being required to provide proof for an individual absence related to my fmla. Can they keep requesting this even though they already have documentation on file. It is like being harassed all the time
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Fl
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time At will I believe
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is all. Thanks
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. According to the case opinion which seems on point in Oak Harbor Freight Lines, Inc. v. Antti, the employer can request reasonable certification for FMLA.

I know I know, what does that mean? Well the court does not define it (the court primarily deals with intermittent FMLA, but still focuses on paperwork proof), but the thought is that the employer can ask for reasonable proof, which normally is a letter from the physician. That letter is deemed enough for certification for FMLA unless it seems questionable, at which time the employer may ask for something else.

So honestly, all the employer requires (or should require) is a letter from the physician attesting to the inability to work and/or the requirement to stay home. That is the standard that the Courts have held.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 8 months ago.
My issue is he files paperwork annually every January and they wanted it updated in May so he updated it. They have not asked for supplemental documentation before over the past five years. Now all of a sudden they are asking for every little thing. It is getting ridiculous.
Expert:  Ely replied 8 months ago.

No. All the employer needs - arguably - is a letter from the physician. This is called certification.

Information on the certification may include: contact information for the health care provider; the date the serious health condition began and how long it will last; appropriate medical facts about the condition; for leave for the employee’s own serious health condition, information showing that the employee cannot perform the essential functions of the job; for leave to care for a family member, a statement of the care needed; for intermittent leave, information showing the medical necessity for intermittent or reduced schedule leave and either the dates of any planned leave or the estimated frequency and duration of expected incapacity due to the condition.

If the employee’s need for FMLA leave lasts beyond a single FMLA leave year, the employer may require the employee to provide a new medical certification in each new FMLA leave year.

If the employer is asking for more, they are overreaching arguably, and he can tell them that.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.