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	<title>HRLegalNews.com &#187; FMLA paperwork</title>
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		<title>She won&#8217;t return FMLA paperwork &#8212; what can the company do?</title>
		<link>http://www.hrlegalnews.com/she-wont-return-fmla-form-what-can-company-do/</link>
		<comments>http://www.hrlegalnews.com/she-wont-return-fmla-form-what-can-company-do/#comments</comments>
		<pubDate>Tue, 07 Oct 2008 11:00:01 +0000</pubDate>
		<dc:creator>Sam Narisi</dc:creator>
				<category><![CDATA[FMLA]]></category>
		<category><![CDATA[In this week's e-newsletter]]></category>
		<category><![CDATA[Latest News & Views]]></category>
		<category><![CDATA[Recent Decisions]]></category>
		<category><![CDATA[certification]]></category>
		<category><![CDATA[doctor's note]]></category>
		<category><![CDATA[FMLA paperwork]]></category>

		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=253</guid>
		<description><![CDATA[While HR feels most of the burden that comes with FMLA compliance, employees have their own rules to follow. What can companies do when a worker fails to meet those requirements? One recent case involved a woman who needed FMLA but never completed the right paperwork. The employee began frequently leaving work early. When warned [...]]]></description>
			<content:encoded><![CDATA[<p>While HR feels most of the burden that comes with FMLA compliance, employees have their own rules to follow. What can companies do when a worker fails to meet those requirements? <span id="more-253"></span></p>
<p>One recent case involved a woman who needed FMLA but never completed the right paperwork.</p>
<p>The employee began frequently leaving work early. When warned by her boss, she said it was due to a medical condition and turned in a note from her doctor saying she couldn&#8217;t work a full eight-hour day.</p>
<p>In response, the company told her she could take intermittent FMLA leave. HR gave her an FMLA application and a certification form for her doctor to fill out.</p>
<p>After 15 days, she still hadn&#8217;t returned the paperwork but continued taking unauthorized time off. The company gave her two more warnings, and then she was fired.</p>
<p>She sued, claiming the company violated her FMLA rights. Her argument: The doctor&#8217;s note was enough certification.</p>
<p>No dice, the court said. The law says clearly that employees need to turn in the right paperwork to be eligible for leave, and she didn&#8217;t do it.</p>
<p>After she refused to turn in the forms, the company was right in treating her time off as unexcused absences and firing her in accordance with its attendance policy.</p>
<p>The case was thrown out.</p>
<p><strong>Cite: </strong><em>Ridings v. Riverside Medical Center</em></p>
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