Legal Question in Medical Leave in California

Re: Is it legal for company to deny fmla paperwork

An employer cannot put more stringent requirements on FMLA eligibility than is required by law. All the law requires is that you provide the employer with certification from a health care provider that includes the date the serious health condition commenced, the probable duration of the condition, and a statement that due to the employee's serious health condition, the employee is unable to perform the function of their position.

If the employer doubts the validity of the certification, at its expense, it can pay for a second opinion, but it has no right to deny FMLA leave simply because it wants more information from the doctor. The employer is not entitled to it. Nor does the employer have a right to know what the nature of the health condition is.

If your employer continues to be unreasonable about this, contact your local Department of Fair Employment and Housing or Equal Employment Opportunity Commission office, or call an experienced employment attorney in your area.