Get Instant Access!
Enter your information to the right to unlock this premium content and get instant access to important answers to your HR questions!
Kourtney has been taking intermittent FMLA leave for a year and is very aware of how much leave she can take without exhausting her FMLA benefits. Kourtney constantly takes more time than the doctor indicated she needed on the certificate. How do you prevent Kourtney from abusing her FMLA and exceeding her certificate?
Ask Kourtney to “cure” her medical certificate.
If Kourtney needs more time than what the doctor originally put on the medical certificate, she will need to be provided an updated medical certificate confirming the need for additional time off. You can request Kourtney “cure” her medical certificate. She will have 7 days to provide a “cured” medical certificate. In the event Kourtney doesn’t return the curing request she can be denied job protection under FMLA. If Kourtney is unable to “cure” her FMLA medical certificate, do make the mistake of just denying the leave as protected. When FMLA ends ADA begins…for the employee’s own serious health condition, until it is determined that she is not a qualified individual with a disability OR the additional leave is unreasonable and an undue hardship.
Want to learn more?
Come learn from an HR expert and nationally recognized expert witness on how to implement your Medical Leave and Accommodation management policies and compliance requirements in an INTEGRATED way so you can successfully manage leaves and accommodations in your workplace. LMS offers the Ultimate Guide to California FMLA/CFRA, ADA/FEHA, Pregnancy (PDL), and Workers’ Compensation with Handling Related Performance Management and Harassment, Discrimination and Retaliation Complaints w/without COVID19. Let LMS be the experts so you don’t have to! You won’t want to miss this! Join us for our 3 half-days livestream workshop June 9-11 from 12-4:30 PST. See you There!