What to do when employees fail to return FMLA certification

Q           If an employee takes sick leave but hasn’t completed and returned a Family and Medical Leave Act (FMLA) form, can the employer lawfully terminate employment?

It depends. The regulations concerning the FMLA require employees to return their medical certification to an employer that requires them to do so. Those regulations state that an employee “must provide the requested certification to the employer within 15 calendar days after the employer’s request, unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.”

When calculating the 15-day period, you should be cautious to avoid issues. Best practice is to calculate this date from when the employee receives your request for certification as opposed to when it was sent. Of note, employees may be granted more time to provide certification if it’s “not practicable” under the circumstances or if you grant additional time. To navigate this, you should attempt to communicate with employees regarding their reasons for not returning the certification on time to see if an extension is warranted.