Legal Question in Employment Law in California

Can I (employer) require a doctor's note for every absence by an employee taking intermittent leave under FMLA?

Asked on 2/24/11, 7:18 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless
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The employer is entitled to require dr certification of need for leave, including clarity on when and how it is determined to be necessary. Then, as long as the employee complies with the dr's rules regarding leave and accommodation of condition, and notifies the employer of need for leave as necessary, he shouldn't have to provide a 'note' for every absence, unless the need for leave includes a need for dr visit each time. The employer can require re-certification on some regular basis, but certainly not daily.

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2/25/11, 11:40 am

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