FMLA FAQ: Can a Chiropractor Certify FMLA Leave? And Are There Limits?

By Franczek Radelet P.C. – July 21, 2017 Backs across America must collectively be giving out, as my clients’ questions about medical certification from chiropractors are on the increase. So, I’ll hit this one head on: Is a chiropractor considered a health care provider under the FMLA? And are there any special rules that apply…

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Intermittent FMLA Absences Not Subject to “Proof of Need”

By Ellison McCoy – March 17, 2017 On January 27, 2017, the Eleventh Circuit Court of Appeals issued a decision that provides a cautionary tale to employers about seeking documentation from an employee on intermittent FMLA leave. In Diamond v. Hospice of Florida Keys, Inc., Case No. 15-15716 (11th Circuit, Jan. 27, 217), the Court…

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FMLA Offers Employers No Protection against Changes in Essential Job Functions or Undue Hardship

By Tiffany Robertson – March 5, 2015 A federal district court recently ruled that an inability to perform essential job functions plays no role in determining whether an employee qualifies for leave under the Family Medical Leave Act (FMLA). Unlike the Americans with Disabilities Act (ADA), this means employers must provide FMLA leave, even if…

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