Can my employer require me to submit a doctor’s note for intermittent FMLA absences that are 3 or more days in length?

I have intermittent FMLA leave. My employer asks that I provide a release to return to work if my absence due to my condition is 3 or more days long? Is this permitted?

Asked on March 21, 2012 under Employment Labor Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your employer in order to cover himself/herself for insurance purposes can legally request that you receive a doctor's clearance to return to work if you have been absent from work for three (3) days or more with respect to your intermittent FMLA absences. Such a request is typical from what I have seen in similar situations as yours.

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