Employees are not always aware of their leave rights under the Family Medical Leave Act (FMLA), which allows them time off to address a medical condition.  Sometimes workers who know about the program experience difficulty securing their benefits. They may face retaliation for applying for leave or, in the worst case, find that their job has been terminated.  Employers routinely deny FMLA leave when the request is based on an invalid or insufficient medical certification.

The Case

Recently, the Third Circuit U.S. Court of Appeals (which includes New Jersey) focused on the obligations an employer has to its employee regarding an invalid or insufficient medical certification. The case —Hansler v. Lehigh Valley Hospital Network — arose when Hansler, who worked for Lehigh Valley, filed for intermittent leave under the FMLA.  Her leave claim was based on symptoms of nausea, vomiting, and shortness of breath.

While waiting for the employer’s response, Hansler missed five days of work. Four weeks after applying for FMLA leave, the employer fired Hansler for chronic absenteeism. Shortly after her firing, Hansler learned that her FMLA leave request had been denied. The employer’s reason was that her condition was not considered serious.

Hansler was later diagnosed with high blood pressure and diabetes, and she filed a lawsuit against her former employer based on a violation of FMLA.

Hansler alleged that she faced retaliation when she sought FMLA leave and that Lehigh Valley interfered with her right to medical leave.

The Decision

The Third Circuit determined that before denying her FMLA application due to an insufficient or incomplete medical certification, the woman’s former employer needed to give her a week to attempt to cure the deficiencies.

This decision means that New Jersey employers must provide their employees with written notice of medical certification deficiencies — and a reasonable time in which to rectify them.

Conclusion

If you believe your employer has failed to follow the laws regarding a request for FMLA leave, then you owe it to yourself to check with knowledgeable employment lawyers for workers.  We will review the facts, research the relevant law, and advise you on the best course of action.   If you need advice, guidance, and coaching, we will provide it.  If you need legal representation, whether in mediation, arbitration, or court, we will help you prepare and present or we will help you present the matter for you if you prefer.  We are compassionate counsel, and tough advocates.

Please call or write to us today.  We want to hear from you.