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Family and Medical Leave Act

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  • Employee's Lack of Diligence in Obtaining Medical Certification Defeats FMLA Claim

    Date: February 12, 2013 | Category: Family and Medical Leave Act

    In Brookins v. Staples Contract & Commercial, Inc., the court ruled today that an employee did not make diligent efforts to obtain medical certification and therefore did not have an FMLA claim against her employer, Staples. The employee had a series of unexcused absences for which she was on the verge of termination. The employee informed Staples about her medical condition and insisted that her absences were related to her treatment.

    Under FMLA, employers have the right to request and obtain complete and sufficient medical certification to support an absence due to an emthe ployee's alleged serious..

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