Legal Question in Medical Leave in Ohio

FMLA for psoriatic arthritis

My doctor has completed my fmla papers and I've turned them in to my HR department. My doctor noted on the papers that during a 'flare' I may need 3-4 days off. My question is: if I call off for say 1 day will I need to get my dr's permission to return to work, or am I covered for a year under these fmla papers?


Asked on 6/15/07, 4:14 pm

1 Answer from Attorneys

Eileen Joyce Baughman & Joyce LLC

Re: FMLA for psoriatic arthritis

It is not clear by your post what �papers� you are referring to. There are two types of medical certifications under the FMLA: one that supports the need for leave and one that certifies that an employee is fit to return to work after taking leave. Different rules apply to each of these certifications. It sounds like you are questioning the fit-to- return-to-work certification and thus, that one will be addressed.

Based on the information you provided, it is assumed that your FMLA request will pertain to future, intermittent leave. If this assumption is correct, you need not provide a fitness certification. The FMLA prohibits employers from requiring fitness-to-return certifications when only intermittent leave is taken.

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.

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Answered on 6/18/07, 8:29 am


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