Legal Question in Medical Leave in Utah

Re: Employer response to request for leave

After an employee requests FMLA leave, if an employer is going to request medical certification, the Dept. of Labor regulations state that the employer should make the request at the time of the leave request or within 2 days thereafter. Other than the 2 day standard, I am unaware of any three day rule. The only control that the employer has, if the employee is qualified for medical leave under FMLA, is the right to request certification. The employee does not need employer approval if the employee can establish that the medical leave is covered by FMLA. The regs do provide that in a non emergency leave, the employee must consult with the employer and make a reasonable effort to schedule the leave so as not to disrupt unduly the employer's operations. Generally, an employee is required to give 30 days notice of the leave unless this is impractiable because of the illness, if so, then reasonable notice is required.

Danny Wash

Wash & Thomas

6613 Sanger Ave.