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Sep27

Right to refuse FMLA

If an employee has a minor surgery, is away from work 2 days with a clean return-to-work release form, does the employee have the right to refuse to fill out the FMLA Certification of Health Care? Does the employer have the right to discipline the employee for refusing to turn the papers into HR?

The laws under FMLA state a “serious health condition” is a condition that requires three consecutive days, 72 hours or more of leave and at least two in-person treatments by a health care professional. Even the flu can be considered serious if it requires three consecutive days off.

You employee was off work for 2 days, with a return to work release. If the employee refuses to complete FMLA their illness was probably not serious. The employee can be disciplined for any violation of an attendance or sick policy, but not for refusing to file a claim for FMLA.

Document the issue for future reference, if needed.

This entry was posted on Thursday, September 27th, 2012 at 2:36 pm and is filed under
Human Resources Management.
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