Employment Law Practice Exam

What right do employers have under the FMLA concerning documentation?

1. Require employees to provide documentation of any serious health condition prior to being granted leave

2. Cancel the leave of "key employees"

3. Delay the start of leave for employees who fail to provide 30 days notice

4. All of the above

The correct answer is: Delay the start of leave for employees who fail to provide 30 days notice

Under the Family and Medical Leave Act (FMLA), employers have specific rights when it comes to employee documentation regarding leave. In this context, the correct assertion is that employers can delay the start of leave for employees who fail to provide 30 days notice. This right serves to ensure that employers have ample time to plan for the employee's absence and manage workflow effectively. While 30 days is the standard notice required for foreseeable leave, it is important for employees to adhere to this requirement. If an employee does not provide the required notice, the employer is within their rights to delay the commencement of the leave until proper notification is given. This helps maintain operational continuity and allows the employer to make necessary arrangements in light of the employee’s impending absence. In contrast, the other options do not correctly represent the rights afforded to employers under the FMLA. For instance, while employers may request medical certification to substantiate the need for leave, they cannot require employees to provide documentation prior to being granted leave itself. Additionally, the FMLA does afford some limitations regarding the ability to cancel leave for “key employees,” and this right is nuanced and context-specific. Therefore, the assertion regarding the 30-day notice aligns accurately with FMLA provisions.