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  1. #1
    Join Date
    Mar 2010
    Posts
    22

    Default 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.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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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