Legal Question in Medical Leave in Ohio

Re: FMLA extra documentation

Generally speaking, for intermittent leave, employers may request re-certifications no more often than every 30 days unless the original certification provides a longer duration of the need for leave. For example, if the original certification for intermittent leave states that intermittent leave will be needed over a 90-day period for a chronic health condition starting on a given date, the employer may not require a re-certification until that 90 day period has expired. There are exceptions, however, including where (1) the circumstances described in the original certification have changed significantly (e.g., significant changes in the duration or nature of the illness); (2) the employee requests an extension of leave; or (3) the employer has reason to doubt the continuing validity of the original certification. Under any of those circumstances, the employer may request a certification but again, not more frequently than every 30 days. In all cases, the employer must give the employee at least 15 days to submit a certification or re-certification.

As for the call-in policy, though the law is not entirely clear on this issue, at least one federal court has held that applying an established call-in the policy to employees on FMLA leave does not violate the FMLA. Additionally, the FMLA itself permits employers to require employees to report �periodically� on the employee�s status and intention to return to work.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.