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An employee may ask to use FMLA to care for a family member, for their
own physical/mental health care or after the birth or adoption of a
child. The employer is allowed to request documentation, i.e., birth
certificate, court documentation, or a medical provider’s
certification. FMLA can be delayed until the certification has been
received.
To
be eligible an employee must have a condition that makes him or her
unable to perform their essential job function. Substance abuse is
covered when the employee is seeking treatment and not just impaired by
their usage.
An
employer is allowed to periodically request an employee on leave to
report their status and intentions to return to work. If the employee
informs the employer that they do not intend to return to work, the
employer may terminate the employment relationship ending the employee's
FMLA. Additionally, the U.S Department of Labor allows for
recertification of leave taken because of an employee’s own serious
health condition or the serious health condition of a family member.
If an employee fraudulently obtains FMLA, he or she is not protected by
FMLA for purposes of job restoration and benefit maintenance.
DISCLAIMER:
The information contained in this communication is not intended or
written to be used as legal advice. We provide Investigative Services.
We encourage you to seek competent legal advice.
CSB Offers:
● Extensive
database research and source canvass
● Cost
effective covert surveillance packages
● Prompt
written report with supporting evidence and/or video documentation
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