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Employers May Still Designate Leave as FMLA Even If the Employee Wants It to Be Considered Differently
Liebert Cassidy WhitmoreLink to more items from this source
Mar. 24, 2015
"When the Ninth Circuit Court of Appeals ... issued its decision in Escriba v. Foster Poultry Farms, Inc. last year, the decision was viewed as a victory for employers. Now, however, the decision is raising more questions than answers as employers struggle with designating FMLA leave.... Sometimes employees will attempt to prevent employers from designating FMLA by not providing a medical certification. If this happens, the employer can still designate FMLA if it has enough information to determine that the leave qualifies under the FMLA. While obtaining medical certification is strongly recommended, the regulations do not expressly require it."

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