FMLA Questions & Answers

Below you can download pdf files of memos that center staff sent to area unions concerning specific questions they had about FMLA. For more information contact Michelle Fectaeu 313.577.2191 or m.fectuea@wayne.edu.

Memo 1

Does an employee have to provide management a diagnosis from a physician and sign a release granting the employer access to all medical files in order in order to receive disability benefits while on an FMLA leave?
What are the legal requirements protecting employee privacy of medical records?

Memo 2

If you work 3rd shift can you leave early and be covered by FMLA to take spouse to a doctor appointment that may occur between 10:00 AM – 2:00 PM which is your normal sleep time?
Does military leave count toward hours worked for granting FMLA leave time?
How are county employees counted to determine if we meet the 50 employees requirement?
An employee has missed worked several times but was not diagnosed until after several absences have occurred. Can we go back if there is discipline for early absences assuming discipline will occur at the end of 90 days or 180 days?
Could we have a copy of the regulation regarding re-certification every 30 days?

Memo 3

Can my employer deny an FMLA leave to an employee because he has not submitted a certification form completed to the employer’s satisfaction?
Is the employee who was denied FMLA leave for treatment of a serious health condition then protected by FMLA if he is fired for sleeping on the job due to medication he was taking for his illness?

Memo 4

When on FMLA leave is an individual entitled to all benefits of the contract?
Our contract provides four days pay for loss of a parent, the company has denied this benefit, stating that they were not active at the time of their parent’s death. Is this allowed?

Memo 5

Can my employer ask for additional doctor’s notes for each absence I take while on an approved FMLA intermittent leave?

Memo 6

Can my employer legally fire an employee for absenteeism and tardiness when they had knowledge that absences/tardiness were due to her serious health condition and her son’s serious health condition?

Memo 7

How often can my employer demand that I submit medical certification once I have alredy submitted my initial certification and have been approved for FMLA leave?

Memo 8

More info on: Does an employee have to provide a doctor’s diagnosis? / Under UAW-Ford absentee program a doctor’s note with diagnosis is required for excused absences. Is this a violation of the FMLA?

Memo 9

Who must the employee contact within management in order to qualify for an FMLA leave of absence? In other words, how is the term “employer” defined under the act?
How long does an employer have to request a second opinion?

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Home Programs & Classes for Individuals Labor Studies Major Educational Programs for Unions Joint Labor- Management Programs Consulting & Technical Assistance for Unions Research Tools & Information You Can Use About the Center Our staff Contact us Map of campus Wayne State University links	FMLA Questions & Answers Below you can download pdf files of memos that center staff sent to area unions concerning specific questions they had about FMLA. For more information contact Michelle Fectaeu 313.577.2191 or m.fectuea@wayne.edu. Memo 1 Does an employee have to provide management a diagnosis from a physician and sign a release granting the employer access to all medical files in order in order to receive disability benefits while on an FMLA leave? What are the legal requirements protecting employee privacy of medical records? Memo 2 If you work 3rd shift can you leave early and be covered by FMLA to take spouse to a doctor appointment that may occur between 10:00 AM – 2:00 PM which is your normal sleep time? Does military leave count toward hours worked for granting FMLA leave time? How are county employees counted to determine if we meet the 50 employees requirement? An employee has missed worked several times but was not diagnosed until after several absences have occurred. Can we go back if there is discipline for early absences assuming discipline will occur at the end of 90 days or 180 days? Could we have a copy of the regulation regarding re-certification every 30 days? Memo 3 Can my employer deny an FMLA leave to an employee because he has not submitted a certification form completed to the employer’s satisfaction? Is the employee who was denied FMLA leave for treatment of a serious health condition then protected by FMLA if he is fired for sleeping on the job due to medication he was taking for his illness? Memo 4 When on FMLA leave is an individual entitled to all benefits of the contract? Our contract provides four days pay for loss of a parent, the company has denied this benefit, stating that they were not active at the time of their parent’s death. Is this allowed? Memo 5 Can my employer ask for additional doctor’s notes for each absence I take while on an approved FMLA intermittent leave? Memo 6 Can my employer legally fire an employee for absenteeism and tardiness when they had knowledge that absences/tardiness were due to her serious health condition and her son’s serious health condition? Memo 7 How often can my employer demand that I submit medical certification once I have alredy submitted my initial certification and have been approved for FMLA leave? Memo 8 More info on: Does an employee have to provide a doctor’s diagnosis? / Under UAW-Ford absentee program a doctor’s note with diagnosis is required for excused absences. Is this a violation of the FMLA? Memo 9 Who must the employee contact within management in order to qualify for an FMLA leave of absence? In other words, how is the term “employer” defined under the act? How long does an employer have to request a second opinion?	Family & Medical Leave Act Workplace Health & Safety Employee Rights Employee Rights Q&A Researching Your Employer Guide to Union Member Surveys Collective Bargaining Article of the month feature Privatization Websites for Union Activism Helpful Labor-Related Web Sites Books, Manuals, & Videos Available from the Center American Rights@Work American Sociological Assoc. Labor Pages