Intermittent FMLA

Does anyone out there know if an employer can request a doctors note when an employee uses intermittent FMLA?

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  • Any and every use of FMLA must be based on 'a doctor's note'. The employer cannot and should not certify as approved any request for FMLA, whether intermittent or full time, without the doctor's certification. But, once approved, if you are talking about requiring a doctor's statement for each absence, no, that is not in accordance with the regs. Nor can you require a re-certification until the expiration of the time period stated in the initial medical certification.
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