West Virginia FMLA Certification of Physician
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FAQ
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12
To be eligible for unpaid leave under the FMLA, an employee must have worked for the employer for at least 12 months and worked for at least 1,250 hours during the previous 12 months.
No. An employer cannot require a physician's note every time an employee misses work while taking FMLA intermittent leave. The term physician's note is not referenced in the FMLA; recertification, however, is.
West Virginia's Parental Leave Act provides all state and county employees with up to 12 weeks of unpaid leave during any 12-month period. This unpaid leave is provided after the exhaustion of the employee's entire annual and personal leave.
West Virginia's Parental Leave Act provides all state and county employees with up to 12 weeks of unpaid leave during any 12-month period. This unpaid leave is provided after the exhaustion of the employee's entire annual and personal leave.
The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job protected leave in a 12-month period, for specified family and medical reasons including any qualifying exigency arising out of the active duty or call to active duty status of a spouse, son, daughter or parent.
According to the Equal Employment Opportunity Commission which enforces the ADA employers can have a policy requiring all employees provide doctor's notes to substantiate a disability, request reasonable accommodations or prove the need for leave.
You do not have to tell your employer your diagnosis, but you do need to provide information indicating that your leave is due to an FMLA-protected condition (for example, stating that you have been to the doctor and have been given antibiotics and told to stay home for four days).
In short, a medical certification is a relatively short form that is filled out by a health care provider and provided to the employer to establish a patient or family member's medical condition that requires FMLA-protected leave.
So, yes, legally you can quit now; you don't have to wait until you return from FMLA. You also don't have to give two weeks' notice. That's a nice thing to do, but it's not required by law, only convention. Clearly changing jobs at this time isn't as easy as you may think, but it's completely legal.
