When FMLA Certification Authenticity Is in Doubt, Must Employers First Give Employees a Chance to Correct? Fourth Circuit: Not Necessarily
On August 4, the U.S. Court of Appeals for the Fourth Circuit ruled that employers are not necessarily required to allow employees to first correct authenticity issues with FMLA certification before contacting the medical provider. The ruling reversed a lower court's decision in favor of the employee and remanded the case for further proceedings.
Core Overview
- The U.S. Fourth Circuit Court of Appeals ruled on Tuesday (August 4) that it is unclear whether employers must allow employees to correct authenticity issues in Family and Medical Leave Act (FMLA) certifications before contacting the certifying healthcare provider (case number:Mook v. Hall and City of Martinsville, Va.）。
- The opinion revived an employee lawsuit. The employee, when resubmitting information for a previous FMLA leave request, filled out portions himself that should have been completed by a medical professional.
- The court found that FMLA regulations do not clearly grant the plaintiff an "explicit right to correct any inaccuracies in his FMLA certification before the employer contacts the certifying healthcare provider."
In-Depth Analysis
The plaintiff in this case was an employee of the City of Martinsville, Virginia. He had taken FMLA leave in 2020 to care for his mother. In 2021, the plaintiff sought FMLA leave again for the same purpose. When filling out the certification form, he completed the "healthcare provider" section himself—a section that should have been filled out by a medical professional familiar with the patient's condition.
The plaintiff filled out the section based on his 2020 leave form, then took the form to his mother's doctor's office, where a nurse signed it, and submitted the form to his supervisor and the city's human resources department. An administrative assistant pointed out to the plaintiff's supervisor that the 2021 leave form was improperly completed.
When the supervisor called the plaintiff in, the plaintiff admitted he had filled out the form but denied deceiving the nurse. The plaintiff offered to resubmit the healthcare portion, this time completed by the doctor. But according to court documents, the supervisor "insisted that the plaintiff's self-completion of the certification form was a lapse in judgment and that it called his honesty into question." When the plaintiff did not accept the offered opportunity to resign, the supervisor fired him.
The plaintiff filed suit, claiming that his supervisor and the city interfered with his FMLA rights by contacting his mother's healthcare provider, in violation of FMLA regulations, and subsequently terminating his employment.
The court explained that while FMLA regulations allow employers to contact healthcare providers for clarification after employees have had the opportunity to address incomplete or insufficient certifications, it is unclear whether that requirement applies equally to authenticity issues. The court remanded the case to the lower court for further proceedings.
In the more common scenario of incomplete or insufficient certifications, employers do appear to be required to give employees time to correct these issues. The U.S. Department of Labor's Wage and Hour Division, in its FMLA complianceFrequently Asked Questions pageanswers the following question: "What if my employer says my medical certification is incomplete?" The Department of Labor states that employers must inform employees that the certification is incomplete and provide a "reasonable opportunity to correct."
According to DOL regulations, employers must specify in writing what information is needed to complete the form and must allow at least seven calendar days for correction—"unless, in specific circumstances, seven days is not practical even when the employee has made diligent, good-faith efforts."