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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5169
Experience:  Licensed to practice before state and federal court
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If an employee is requesting the full 12 weeks of FMLA leave

Customer Question

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?
JA: Is the employment agreement "at will," union, full time or part time?
Customer: We are an "at will" state and the employee is a FTE
JA: Anything else you want the lawyer to know before I connect you?
Customer: No ma'am that is all
Submitted: 1 month ago.
Category: Employment Law
Expert:  Legal Eagle replied 1 month ago.

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.

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