Additional Documentation for Intermittent FMLA Absences Not Necessary

Hospice of Florida Keys faced one of the most challenging aspects of FMLA when it’s employee Jill Diamond applied for and used intermittent FMLA leave to care for her elderly parents. Following her leave, Hospice requested “proof of need” for the leave and told Diamond that her continued time away compromised their patients’ quality of care. When she was fired just a month later, she filed suit “alleging interference and retaliation claims under the FMLA”. The Eleventh Circuit ruled in favor of Diamond because the type of documentation they requested was unnecessary. Employers who are tempted to ask for additional documentation should read more.