Legal Question in Medical Leave in Oklahoma

FMLA Medical Certification and Religion

Is there any guidance regarding an employee who fails to return medical certification, in OK, claiming religious beliefs? He doesn't believe in doctors.


Asked on 3/17/09, 6:31 pm

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC

Re: FMLA Medical Certification and Religion

I believe the employer has a right to require a substantiated serious health condition. If you can't substantiate, I don't know that your employer must provide you the leave based solely on your stated religious belief. The FMLA gives an employee a right to take medical leave; it also gives the employer the right to require reasonable documentation of the medical need. Where exactly that line is drawn in the scenario you describe, I'm not sure. I don't know whether it's been challenged or not. You may want to consider retaining an attorney to research and challenge it, if you want to push the issue.

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Answered on 3/17/09, 10:07 pm


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