Legal Question in Medical Leave in Georgia

doctor's excuses for fmla

Does the employer have the right to require a doctor's note for leave taken or just take the employee's word that the leave was fmla related? After three days of absence can the employer request a doctor's approval for return to work?


Asked on 9/12/08, 1:55 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: doctor's excuses for fmla

The employer is allowed to ask the employee to obtain a certification from a medical provider testifying to the need for the employee to take the leave for themselves or for the family member. Upon completion of the leave the employer is allowed to require the employee to obtain a certification of fitness to return to work when the leave was due to the employee�s own health concerns. The employer can delay the start of FMLA for 30 days if the employee does not provide advance notice, and/or until the employee provides proof.

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Answered on 9/12/08, 1:58 pm


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