http://www.hrmorning.com/fmla-leave-6-valid-defenses-against-reinstatement/ Your daily dose of HR Thu, 18 Mar 2010 13:43:13 -0400 http://wordpress.org/?v=abc hourly 1 http://www.hrmorning.com/fmla-leave-6-valid-defenses-against-reinstatement/comment-page-1/#comment-3212 Joe S. Mon, 10 Nov 2008 15:50:29 +0000 http://www.hrmorning.com/?p=389#comment-3212 In your article titled, FMLA Leave: 6 ways to legally deny reinstatement, you state in item no. 3 that lack of certification of ability to return to work may be used to deny reinstatement. I would caution employers contemplating the use of this general rule when dealing with intermittent FMLA cases. If I'm accurately interpretting FMLA Regs, an employer may not require fitness for duty certification for RTW from intermittent FMLA Leaves. You can get in to trouble by denying an employee reinstatement in this instance. In your article titled, FMLA Leave: 6 ways to legally deny reinstatement, you state in item no. 3 that lack of certification of ability to return to work may be used to deny reinstatement. I would caution employers contemplating the use of this general rule when dealing with intermittent FMLA cases. If I’m accurately interpretting FMLA Regs, an employer may not require fitness for duty certification for RTW from intermittent FMLA Leaves. You can get in to trouble by denying an employee reinstatement in this instance.

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