Employer’s Demand for Doctor’s Excuses Violates Family Medical Leave Act

An employer’s demand of an employee to provide a doctor’s medical excuse for every time the employee was absent due to a serious health condition for which the employee already provided medical certification under the Family Medical Leave Act violated that employee’s rights because it was an act that would discourage one from taking FMLA leave. The U.S. District Court for the Northern District of Illinois came to this decision on January 6, 2010, in the case of Jackson v. Jernberg Industries, Inc. This decision affirms that employees taking FMLA qualifying leave on an intermitant basis (not a consecutive block of time) generally cannot be required to go to the doctor everytime the employee needs to take a day off work because of the limiting effects of the serious health condition just to get a doctor’s excuse so long as the employee has provided medical certification of the need for FMLA leave on an intermitant basis. The court noted that an exception may apply where there is evidence that an employee may be abusing FMLA leave, but that was not an issue in this case.

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