The Family and Medical Leave Act (FMLA) allows certain employees to take off work for up to 12 weeks for various life circumstances. Eligible employees may request paid leave if they have a medical condition, are responsible for caring for a family member with a medical condition, had a newborn child, or recently adopted a child. FMLA laws allow employees to miss work so they can focus on their various life circumstances without worrying about losing out on pay. However, in some medical leave cases, the employer may require that you provide FMLA Certification of Need for Leave. To learn more, continue reading or contact an Atlanta FMLA Attorney today!
WHEN IS FMLA CERTIFICATION OF NEED FOR LEAVE REQUIRED?
If you request paid leave because of a medical condition, your employer may be required to ask for certification proving either your health condition or your family member’s health condition (depending on why you are taking leave). Not all employers will ask for certification immediately, and some might not ask for certification at all. If your employer doesn’t ask for the certification right away, they still have the right to ask for it later. It’s more common for employers to ask for certification if they suspect an employee could be lying about how much time they need off. However, FMLA laws are designed to protect employees, and you still have the right to paid leave if you’re an eligible employee. It’s important to note that there are specific eligibility requirements for FMLA employees; for example, you must have been working at the company for at least 12 months and for at least 1,250 hours in order to request paid leave.
CAN I PROTECT MY MEDICAL INFORMATION?
If you need to provide your employer with FMLA certification, you might be wondering if your employer will have access to all of your medical records. A certification is usually a form that a health care provider needs to fill out, so your employer will not have access to your entire medical history. It’s a relatively short document that merely specifies the exact medical condition(s) that would require the employee to miss work. However, employers reserve the right to request medical information when it comes to the FMLA because they need to confirm you are eligible for paid leave.
After reading this blog, you might be interested in learning more about your employee rights, especially when it comes to FMLA laws. If so, you should speak with a trusted employment lawyer who has your best interests in mind. Thankfully, Ben Barrett Law is here to help! Contact our highly experienced firm today for quality legal counseling.
