Let’s talk about a bad FMLA habit that just won’t die.

Employee submits a certification. The health care provider estimates the employee will need intermittent leave two times per month.

Fast forward a few months.

The employee has a third flare-up.

And somewhere in America, an HR professional, supervisor, or leave administrator proudly announces: “Sorry. You’ve used your two days.”

Cue the FMLA lawsuit.

In a rather common-sense recent decision, Jackson v. US Postal Service, one rather influential federal appellate court tackled the limits employers sometimes try to impose on FMLA medical certifications and delivered a message that employers…

Continue Reading Stop Treating FMLA Certifications as If They are a Hard Cap on Leave!