Family Medical Leave Act

questions & answers

Question: I planned to utilize 12 weeks of FMLA for the birth and care of my baby. However, the doctor will only allow me 6-8 weeks and then considers me "fit to return to work". The pediatrician cannot give me an addition an excuse for the care of my baby - unless the baby is sick. Legally, can my employer require me to return to work when my doctor says that I am able? How can I extend my leave to 12 weeks?

Answer:

You can view the FMLA here.  

The following paragraph is from the Act- "(c)Recertification. An employee must provide recertification within the time requested by the employer (which must allow at least 15 calendar days after the request) or as soon as practicable under the particular facts and circumstances. If an employee fails to provide a recertification within a reasonable time under the particular facts and circumstances, then the employer may deny continuation of the FMLA leave protections until the employee produces a sufficient recertification. If the employee never produces the recertification,the leave is not FMLA leave. Recertification does not apply to leave taken for a qualifying exigency or to care for a covered servicemember."

Because your doctor will not provide you re-certification for FMLA past 6-8 weeks, you should speak directly to an employment law attorney to find out what options you have to extend your leave to 12 weeks.

QUESTIONS

  • I planned to utilize 12 weeks of FMLA for the birth and care of my baby. However, the doctor will only allow me 6-8 weeks and then considers me "fit to return to work". The pediatrician cannot give me an addition an excuse for the care of my baby - unless the baby is sick. Legally, can my employer require me to return to work when my doctor says that I am able? How can I extend my leave to 12 weeks?

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