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If an employee is requesting the full 12 weeks of FMLA leave…

Customer Question
Hello! If an...

Hello! If an employee is requesting the full 12 weeks of FMLA leave and they are qualified to take it but the Physician's certification only states 8 weeks of leave is needed is it ok for the employee to take the full 12 weeks without a recertification notice?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We are an "at will" state and the employee is a FTE

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am that is all

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
9/12/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,473
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have aAs you know, employees are allowed up to 12 weeks of unpaid leave under FMLA. It is up to the employer how much time the employee generally needs and must base their decision on the circumstances that resulted in the FMLA. Accordingly, if the employee is otherwise eligible for FMLA, and the employee’s physician only recommended 8 weeks of off time, then the employer is not obligated to provide any more than 8 weeks, but may choose to do so if they wish.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,473
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