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FMLA Verification


An employee may ask to use FMLA to care for a family member, for their own physical/mental health care or after the birth or adoption of a child. The employer is allowed to request documentation, i.e., birth certificate, court documentation, or a medical provider’s certification.   FMLA can be delayed until the certification has been received. 

To be eligible an employee must have a condition that makes him or her unable to perform their essential job function.  Substance abuse is covered when the employee is seeking treatment and not just impaired by their usage.

An employer is allowed to periodically request an employee on leave to report their status and intentions to return to work. If the employee  informs the employer that they do not intend to return to work, the employer may terminate the employment relationship ending the employee's FMLA. Additionally, the U.S Department of Labor allows for recertification of leave taken because of an employee’s own serious health condition or the serious health condition of  a family member. If an employee fraudulently obtains FMLA, he or she is not protected by FMLA for purposes of job restoration and benefit maintenance.


The information contained in this communication is not intended or written to be used  as legal advice. We provide Investigative Services. We encourage you to seek competent legal advice.


CSB Offers:
 Extensive database research and source canvass
 Cost effective covert surveillance  packages
 Prompt written report with supporting  evidence and/or video documentation

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