Legal Question in Medical Leave in Virginia

Medical certification periodic reports
On January 6, 2004 I was granted 12 weeks fmla for a serious health condition. Medical certification was provided to employer. Most of the leave is on an intermittent basis, hourly, daily, or weekly. I am being informed that I need to furnish periodic reports and medical certification every 30 days. In the month of February I needed to take unforseeable fmla leave for 5 days. I informed the employer daily of the need for fmla. I am being told that my absences were not authorized and I need to submit a doctors cert and a progress status report from the doctor. Is this correct?

Asked on 2/18/04, 12:11 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Medical certification periodic reports

The Family & Medical Leave Act(FMLA)specifies that employers may require emnployees to

provide: .....(medical certification)and

periodic recertification and

periodic reports regarding the

employee's status and intent to return

to work.

The Act does not define what it means by periodic

but a reasonable inference might be every couple months or so.

Answered on 2/19/04, 11:37 am

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