FMLA

szemcumo

When an employee returns to work after taking 8 weeks of the alotted 12 weeks of FMLA but then needs to take off of work and count as FMLA because reoccurring illness or pain due to surgery etc., should we then require a doctors release just as we did when employee returned to work after eight weeks, even if employee only takes a day here or a day there?

LindaS

If the doctor's release allowed them to return without restrictions but the employee is complaining of lingering pain, etc., I would require them to return to the doctor for an updated form.

John Vering MO

Depends on whether intermittent leave was taken. See regulation 825.308. If the answer is not clear, get legal advice. FMLA is filled with pitfalls.
John Vering
Mo. Co-editor