May an Employer Deny FMLA Benefits Due to an Insufficient FMLA Certification?

May an Employer Deny FMLA Benefits Due to an Insufficient FMLA Certification?

By: Jennifer Brodersen and Heather Rooney McBride

Pursuant to 29 C.F.R. § 825.305(c), an employee must provide a complete and sufficient certification to the employer if required by the employer in accordance with §§ 825.306, 825.309, and 825.310. A certification is considered insufficient if the information provided is vague, ambiguous, or non-responsive. 29 C.F.R. § 825.305(c).

If the employer believes the FMLA certification is insufficient, the employer must notify the employee in writing what additional information is necessary to make the certification complete. Id. The employer must provide the employee with seven (7) calendar days (unless not practicable, even if the employee acts in good faith) to cure such deficiency. Id.

It is the employee’s responsibility either to furnish a complete and sufficient certification or to furnish the health care professional providing the certification with any necessary authorization from the employee in order for the health care professional to release a complete and sufficient certification to the employer to support the employee’s FMLA request. 29 C.F.R. § 825.305(d). If the employee fails to do so, the employer may then properly deny the taking of FMLA leave, in accordance with 29 C.F.R. § 825.313.  Id.\

If you are an employer in need of FMLA or other leave advice or instruction, please contact Attorneys Heather Rooney McBride and Jennifer Brodersen today.