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6th Circuit Court rules against USPS’ Intermittent FMLA Policies



Editor’s Note: This ruling is significant, especially since our Local here in Ohio is under the jurisdiction of the 6th Circuit Court, meaning that this should be precedent-setting and binding here for us.

To summarize: When your doctor certifies your approved absences per week, per month, etc. – this is no longer necessarily a hard cap to receive FMLA protection for leave connected to your certified FMLA condition.


The following excerpt is from HRDive.com.

“In Jackson, USPS requested medical certification from the plaintiff, whose physician informed USPS that the frequency of the plaintiff’s flare-ups was twice per month. USPS took this to mean that he was limited to just two days of FMLA leave per month, but the 6th Circuit disagreed, writing that such an estimate on a medical certification for intermittent unforeseeable leave could not create an exact limitation on the number of FMLA days an employee can take.”

Read the rest of the article at HRDive.com.


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