Q & A Session – Denying FMLA without Medical Documentation


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


If an employee requests FMLA and has enough paid time off, but will not tell his or her supervisor the medical reason, can the supervisor deny FMLA?


Yes. OPM regulations permit agencies to request medical evidence to support an FMLA absence that is based on the employee’s serious health condition. Please read my previous Ask the Lawyer column regarding FMLA at http://blogs.federaltimes.com/federal-law/2010/07/25/must-i-grant-this-fmla-request/ for more information.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.


About Author

Leave A Reply