Shira M. Blank, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in SHRM, in “Watch Out for These FMLA Eligibility Determination Missteps” by Allen Smith.
Following is an excerpt:
Employers often misunderstand the Family and Medical Leave Act's (FMLA's) definition of an employee who is eligible for FMLA leave, and they can't figure out when the worker has a qualifying reason for the time off. Here are some tips on making FMLA eligibility determinations in line with the law. …
In some circumstances, employers can get medical certification from employees to assess whether employees have a qualifying reason for FMLA leave. An employer also may get medical certification of a covered family member's serious health condition when an employee is requesting FMLA leave to care for the family member.
Employers may not request a medical certification for FMLA leave to bond with a newborn, adopted or foster child. Employers may require employees to provide reasonable documentation of a family relationship, according to the U.S. Department of Labor. To satisfy this requirement, an employee may provide the employer with a simple written statement or provide the employer with a copy of an official document, such as a child's birth certificate or a court document, for review and return to the employee.
"HR should also keep in mind that this process can be incredibly stressful for the employee," said Shira Blank, an attorney with Epstein Becker Green in New York City.
"The way that HR interacts with the employee in response to a request for FMLA leave could result in the employee determining whether they wish to bring a claim," she added. So, HR should ask only for the information that it really needs, Blank recommended.
