The Essential Guide to Family & Medical Leave

174 | the essential guide to family and medical leave
• Keeping separate, confidential files of medical records. Never put
medical certifications and other health-related information in employees’
personnel files.
Mistake 3: Failing to give employees proper notice or enough time to get a
medical certification.
Avoid This Mistake By:
• Using dated written requests for medical certifications that explain what
employees must provide, the deadlines for getting it back to you, and
the consequences of failing to return a certification. Unless you put it in
writing, you won’t have proof of when you requested the certification.
• Giving employees at least 15 days to return a certification—or more
time, if they have a plausible reason for missing the deadline. Don’t try
to shave a few days off, even for employees who are chronically absent or
should already know the rules.
• Working with employees to get the certification in, rather that strictly
enforcing the deadline. In the real world, courts often recognize that
employees who are seriously ill or caring for a sick child or family
member might reasonably need more than 15 days to return this
paperwork—especially because they have to rely on health care providers,
who may be busy or out of town, or simply forget to complete the form.
• Letting employees know if a certification is incomplete or doesn’t support
their request for FMLA leave. If you don’t tell an employee what’s wrong
with the form, you won’t be able to rely on it as a valid reason to deny
the employee’s leave request.