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FMLA and Hysterectomy | Part 2

From the Hysterectomy Recovery Articles List

FMLA and Hysterectomy | Part 2Certification of Leave

An employer may require that a request for leave be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer.

Sufficient certification

Certification provided shall be sufficient if it states:

• the date on which the serious health condition commenced;

• the probable duration of the condition;

• the appropriate medical facts within the knowledge of the health care provider regarding the condition;

There are other stipulations for intermittent leave for medical treatments.

Second opinion

In any case in which the employer has reason to doubt the validity of the certification provided, the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified.

Subsequent recertification

The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis.

Restoration to position

In general, any eligible employee who takes leave for the intended purpose of the leave shall be entitled, on return from such leave:

• to be restored by the employer to the position of employment held by the employee when the leave commenced; or

• to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

Loss of benefits

The taking of leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.


You are not necessarily entitled to:

• the accrual of any seniority or employment benefits during any period of leave; or

• any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.


As a condition of restoration of employment, the employer may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work.

Periodic Reports

Nothing in this subsection shall be construed to prohibit an employer from requiring an employee on leave to report periodically to the employer on the status and intention of the employee to return to work.

If your employer is covered under FMLA, it is in your best interest to enlist the assistance of your human resources department as soon as possible to work with them. Your employer may have specific forms they want you to fill out.

This is not intended to be a complete explanation of FMLA, but it is intended to give you an idea of your responsibilities as an employee under the Act. For more information on FLMA, including the responsibilities of the employer, see this link:

U. S. Department of Labor Family Medical Leave Act

12-02-2010 - 06:51 PM


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