Employers rely on medical certification to approve or deny FMLA leave. But what if an employee’s doctor screws up the form and leave is denied? Is the company at fault? Read the facts of this real-life case and decide: Who won?
The facts:
An employee needed time off because of back problems. She requested FMLA leave, but was turned down. Why? The certification form HR got from her doctor was incomplete. He didn’t provide any dates and gave only vague information about her condition. The company asked for a corrected form and never got one. The employee missed work anyway, and was fired. She sued, claiming the company should’ve given her more time to get certified or asked her to get a second opinion.
The employer said:
It gave the doctor enough chances to get the form right. After that, it was clear he wasn’t going to give enough information. As for the second opinion, if the employee wanted to see another doctor, she could have, but that wasn’t the company’s responsibility.
Who won the case?
Answer: The employer.
Why: The company did the right thing by asking the doctor for another form. The court ruled it wasn’t the company’s fault when he failed to complete it correctly the second time.
Also, the law allows companies to get a second opinion if they have questions about the first certification — but that doesn’t mean they have to send an employee to another doctor if the first one doesn’t fulfill his or her obligations.
Cite: Novak v. MetroHealth Medical Center
