Medical Certification non-FMLA employee39s own bb - HRnovations 2025

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A leave of absence (LOA) is a period where an employee is permitted to take time off from work, which can be for personal, medical or other life events. Unlike FMLA, LOAs are typically governed by company policies and can be either paid or unpaid, depending on the employers discretion.
The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA protections because of a need for leave due to a serious health condition to submit a medical certification issued by the employees health care provider.
Pay Status While on Non-FMLA Medical Leave. An employee who is taking Non-FMLA Medical Leave must use all accrued time off banks prior to being placed in an unpaid leave status. Accrued time off ceases when the employee moves to an unpaid status.
So what happens if an employee is not eligible for FMLA leave? Technically, they could be fired for missing too much work, and their employer isnt required to give them their job back or continue to provide them with health benefits. But just because thats legal under federal law doesnt mean thats the best outcome.
A companys own leave policies in place might also offer leave for employees who dont qualify for FMLA. Your HR team can see if the employee is eligible for a company policy that offers either paid or unpaid leave.

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An FMLA leave allows employees to take up to 12 weeks off in a 12-month period. If their absence is not protected by the Family and Medical Leave Act (FMLA), then its considered a non-FMLA medical leave. However, their leave may still be protected under the ADA and ADA Amendments Act (ADAAA).
If the employee never provides a medical certification, then the leave is not FMLA leave. If an employee fails to submit a properly requested fitness-for-duty certification, the employer may delay job restoration until the employee provides the certification.
Within FMLA, there are three types of leave that a qualified employee may take: Continuous, intermittent and reduced schedule.

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