Legal Question in Employment Law in Florida

Does 12 weeks mean 12 weeks, or does it mean whatever portion of 12 weeks is le

My employer requires FML certifications be physician certified in January. (Jan-Dec year).This past year, my physician certified my FML papers in mid-November. Since there are not 12 weeks left in the period year my employer dictates, does that mean I have to have my physician recertify my leave in January (from 4 weeks prior), and if so, what happens to the other 8 weeks I was entitled to? I receive leave for intermittant care for chronic conditions. To sum it up, since the employer gets to choose the certification year, rather than beginning on the date of M.D. certification, do I have to ask my M.D. to recertify me to suit my employers calendar, and do I lose a part of the 12 weeks allowed by law?


Asked on 2/27/02, 10:23 pm

1 Answer from Attorneys
Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: Does 12 weeks mean 12 weeks, or does it mean whatever portion of 12 weeks i

If you employer has chosen a calendar year entitlement period, any leave not taken by the end of the year is lost. There is no carry over. However, a new twelve week entitlement begins on the first of the year.

Regarding medical certification, it seems unecessary to get a certification for continued treatment of the same condition after only four weeks, but an employer is entitled to proof that the leave is authorized. Also, it is always a good idea to follow your employer's requirements unless they are abusive or violate the law.

This is not intended to or should be construed to be legal advice. For legal advice consult an attorney.

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Answered on 2/28/02, 9:36 am


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