Can my employer require me to submit a doctor’s excuse to return to work for intermittent FMLA that is 3 or more days?

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Can my employer require me to submit a doctor’s excuse to return to work for intermittent FMLA that is 3 or more days?

I am currently approved for intermittent FMLA. My employer’s leave policy states that I must submit a doctor’s excuse to return to work after an absence of 3 or more days in order to return to work. Can the employer require me to submit the doctor’s excuse to return to work each time I am off 3 or more days on intermittent FMLA?

Asked on March 23, 2012 under Employment Labor Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From a practical matter, if you have been on intermittent FMLA leave from work, your employer for insurance reasons is entitled to receive a medical release from your treating physician that you are cleared to return to work. Such a request is custom and practice in the industry. The employer can request such a return to work release from your doctor each time you are off 3 or more days on leave from work.

Such a requested release is a safeguard by your employer that you have been cleared by your doctor to return to work. Look at it as a form of protection for you.


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