Recertification request wasn't interference with FMLA rights

An employer’s request for medical recertification to establish eligibility for Family and Medical Leave Act (FMLA) leave didn’t violate the Act, the U.S. 8th Circuit Court of Appeals (which covers Arkansas) recently ruled. Missing 16 consecutive days rather than the expected four to five days set forth in the original medical certification was a significant change in circumstances warranting the employer’s inquiry, the court stated.

Facts

Brandon Whittington worked at Tyson Foods and was diagnosed with depression and anxiety. After consulting with his HR supervisor, he requested FMLA leave on August 3, 2017. His psychiatrist, Dr. Mary Beegle, certified the leave from August 3 to August 13.

Beegle further stated Whittington would continue to suffer episodes of anxiety and depression, lasting four to five days per episode, once or twice every one to two months for the next 12 months. Tyson approved the August leave request and further agreed the employee could take FMLA leave on an intermittent basis going forward under the physician’s certification.