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Employer's FMLA Defense Harmed by 'Improper' Request for More Medical Proof
HR Daily Advisor Link to more items from this source
Aug. 11, 2014
"An employee who took 'unexcused' leave from work ... was fired after failing to submit medical certification forms in a timely manner. The deadline complied with the [FMLA]; however, a federal district court held that a jury should decide whether the employer actually interfered with the employee's FMLA rights by failing to 'properly' request the health care provider's certification and advise the employee that she would lose her job if the completed form was not received within the requisite timeframe." [Barker v. Genesys PHO, LLC, No. 13-CV-11828 (E.D. Mich. July 24, 2014)]

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