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New York- FMLA Failure to provide recertification

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  • New York- FMLA Failure to provide recertification

    I have a case of an employee who used intermittent FMLA for the past year for the care of her mother. This was all properly certified. A year has passed and we have requested recertification. It was not received within 15 days and we have now given her an additional seven days to provide it.

    If the recertification is not received within seven days, I understand that the time is not to be counted as FMLA (other than if it is not reasonable and practicable). Do we just start applying our attendance policy after the 15 days originally allowed?

    A possible problem: The 15 days was up April 29th. My assistant was on vacation and I lost track of the dates until today, when we gave her a seven day letter and had her sign for it. Does that negate any of this?

    My main question is at what point can we start counting these absences as attendance infractions?

  • #2
    Nope. If she didn't provide a new certification none of the time after the old one expires would be covered. Start counting them as infractions and if she complies with the request or submits a certification form, you can discount any time covered by the new cert.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Elle, I've been away for a few days ad I'm not sure if I thanked you for this. So in case I didn't, thanks!


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