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When Can an Employer Challenge FMLA Certification

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  • 05-04-2010, 01:55 PM
    bassman1282
    When Can an Employer Challenge FMLA Certification
    I have a question regarding an employee and their most recent attempt to continue FMLA leave. This employee's FMLA leave will run out on 5/8/10. We have the Dr. certification which was provided on 3/3/10 and has her out for 6 months and a fitness for duty with numerous restrictions which we cannot accommodate without some significant hardship. We sent a designation notice informing that leave will run on 5/8/10. On May 3, the employee dropped off a note with her supervisor from a different Dr. from the one who did her original certification. MY QUESTION: Do we need to accept this new note taking her off work and/or invoking other restrictions since it is from a new Dr.? Does the fact that it is a different Doctor make any difference? Can I terminate her once her FMLA is out with no complications? My state is Missouri.
  • 05-04-2010, 03:49 PM
    cbg
    Re: When Can an Employer Challenge FMLA Certification
    Once her FMLA has expired you are under no legal obligation to continue her employment.
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