Legal Question in Medical Leave in North Carolina

5 Consecutive days missed from wok

My question is a simple one. I believe the general guideline for requesting an employee for the medical certification is based on their abscence after missing 5 consecutive days of work. I am being challenged by an employee that there is no specific time frame...........I need clarification how long can an employee be absent from work before an employer can ask that they complete the physician certification so we are in compliance with FMLA?

Thank you!


Asked on 2/19/04, 5:39 pm

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: 5 Consecutive days missed from wok

There is no 5 day requirement in regards to FMLA. That is up top the employer's policy. When an employee requests leave under the FMLA the employer can then request certification. No consecutive absences are necessary.

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Answered on 2/19/04, 8:17 pm


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