Legal Question in Medical Leave in Florida

Re: Denied FMLA

The law says that you must be given at least 15 days to submit medical certification. That is probably the window at issue here. However, if the doctor does not cooperate, then you must be givn additional time. You must also be given additional time to correct deficiencies.

Most importantly, the way I interpret the regulations, leave may not be denied entirely, even if you fail to meet the time limit, unless you never provide the certification. You said you did, so I believe the employer is violating the law if they have denied the leave entirely. (And thus the holiday/weekend issue is not important. In that regard, it's 15 calendar days so it likely includes all holidays and weekends, unless a holiday or weekend day is the last day of the period. Then the 16th day would usually be okay.)

The applicable law is found at 29 CFR sections 825.311(a)and (b) and 825.312(b). 311(a)says that "In the case of foreseeable leave, an employer may delay the taking of FMLA leave to an employee who fails to provide timely certification . . .until the required certification is provided."

311 (b) says if the leave is not foreseeable and the employee fails to provide certification, "the employer may delay the continuation of FMLA leave."

312(b) says "if an employee fails to provide in a timely manner a requested medical certification . . . an employer may delay continuation of FMLA leave until an employee submits a certificate."

These sections make it clear that leave may be delayed but not denied if a certificate is late. Once submitted, the leave must be granted.

Tell your HR person to check these laws with the company's attorney. I hope they will do so and realize they made a mistake. If you need an attorney, give me a call.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.