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FMLA - Reason to take leave

TriciaGundersonTriciaGunderson 1 Post
in Benefits & Leave Vote Up0Vote Down
I need advice about out of the country dental work.  Employee is asking for a month off to have the dental work done n Mexico.  Is this considered a serious health condition?
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  • HR36HR36 57 Posts
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    It really depends on how serious and whether the employee can certify a serious health condition. The new FMLA regs have rules for out of the country certification. I would use the new DOL medical cert form for employees (http://www.dol.gov/esa/whd/forms/WH-380-E.pdf) to determine if the condition qualifies for FMLA leave. My understanding of the new FMLA regulations is that in circumstances in which the employee is using a foreign doctor,  the employer must accept a medical certification from a healthcare provider who practices in that country. It the certification  is in a foreign language, the employee must provide the employer with a written translation of the certification upon request.
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