A new decision was issued by the Sixth Circuit Court of Appeals last week which highlights an FMLA regulation that many employers may be overlooking in their implementation of this law.The decision (Killian v. Yorozu Automotive Tennessee, Inc.) focused on the time period for employees who already are on FMLA leave to submit medical recertification forms when their previous medical certification forms have expired or their need for leave otherwise has expanded beyond what originally was anticipated/authorized. The employer in the Killian case had a written policy which provided that such employees’ recertification forms had to be received before the expiration of their current medical certification forms in order for their additional period of leave to be approved/excused. The Sixth Circuit Court of Appeals found that this policy violated the FMLA UNLESS such employees were given at least 15 days to provide the recertification forms from the time the employer specifically requested them.
