4th Circuit examines employers’ FMLA certification requirements amid suspected fraud

In August 2026, the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in Maryland, Virginia, North Carolina, South Carolina, and West Virginia) issued an opinion addressing the extent to which employers may investigate suspected fraud or inauthenticity in an employee’s Family and Medical Leave Act (FMLA) medical certification. The court held that the FMLA regulations do not clearly establish that an employer must provide an employee an opportunity to cure concerns about the authenticity of a medical certification before contacting the certifying healthcare provider.

Court looks to relevant statute

Under 29 C.F.R. § 825.305(c), employers must notify an employee when an FMLA certification is “incomplete or insufficient” and identify in writing “what additional information is necessary to make the certification complete and sufficient.” Then, under § 825.307(a), an employer may contact the healthcare provider for purposes of authentication or clarification after providing the employee an opportunity to “cure any deficiencies as set forth in § 825.305(c).”