An employer can request medical certification to justify the need for FMLA leave. This certification can be requested for an employee who is taking leave for his or her own serious health condition, birth of a child or if an employee is taking leave to care for an ill family member. The information is to be provided to the employer within 15 days, unless this is not possible due to the individual's specific circumstances. FMLA leave is traditionally unpaid leave. In some circumstances, an employee may take paid, accrued vacation or sick leave in place of unpaid leave.
Employers have the right to require an employee to substitute paid leave for unpaid leave as well.
If an employee has group health coverage at the time their FMLA leave begins, then the employer must maintain this coverage for the duration of the FMLA leave period. The same health coverage conditions would apply while the employee is on leave as applied prior to the start of leave. If the employer becomes aware that the employee will not be returning to work, the employer's obligation to continue health benefits ceases. Payment of benefits will depend upon whether leave is taken as paid or unpaid. Employees may exhaust their accrued annual leave during their FMLA leave and be paid for that period.