Ogletree Deakins: Recertification of Intermittent Leave Violates FMLA, New Jersey Appellate Division Holds | Practical Law
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Police Benevolent Assoc. Local No. 249 v. County of Burlington, in which a collective bargaining agreement required employees reasonably suspected of abusing New Jersey Family Leave Act (NJFLA) and Family and Medical Leave Act (FMLA) leave to provide a doctor's note for each leave request. The New Jersey Appellate Division held that the requirement interferes with employees' FMLA rights, particularly in the absence of prior abuse of leave for the health condition at issue. The Appellate Division explained that a "call-in" requirement for leave is lawful because it is less onerous than the doctor's certification requirement.