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FMLA question in NC North Carolina

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  • FMLA question in NC North Carolina

    Ok my question is for example if your an employee that has been certified through your dr for 2-4 days of intermittent leave per month and you exceed those days to maybe 6 days, what can the company make you do? Can they only make you go to your dr and certify those extra days that you went over or can they make you go back and re-certify your whole claim. This scenario is an employee is a diabetic and the company accepted their FMLA certification in January for the remainder of the year to end on Dec 31st, now there is two factors to this. The company says that the employee shows a pattern of Friday and Mondays off on FMLA and the other factor is as of June 1st the company started using an 3rd party to manage all medical claims. Company told this employee that they show a pattern and this is the reason for the re-cert and then they told the employee that all employees that have not certified through this 3rd party company has to do so regardless if they had already approved it for the whole year. What can they legally do?

  • #2
    They can legally make you go back to the doctor for recertification of the claim.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Thanks, I knew they could make you certify the extra days but was uncertain if they could make you re-cert the whole thing after they approved it for the whole year. Thanks