Last week, I responded to an FAQ that often arises for employers when administering the Family and Medical Leave Act: How do employers count unexcused absences when an employee does not return medical certification?

Here’s a real life application of this question:  Kimberly Miedema was an employee of Spectrum Catering, and after having claimed

Q: We requested that an employee have his health care provider complete FMLA medical certification in conjunction with what appears to be an FMLA-related absence.  The employee has been off work for 30 days and we still have not received certification.  Can we count any of these days as unexcused absences?

A: Before you get