Can You Be Fired in Georgia for Failing to Complete a FMLA Medical Certification?
If you are a covered employee under the Family and Medical Leave Act (FMLA), you have the right to take up to 12 weeks of unpaid leave during a 12-month period for certain qualifying events, including a serious health condition that makes you unable to perform your job. Your leave is “job protected,” meaning that your employer cannot fire or otherwise take adverse employment action against you for requesting or taking leave. That said, you need to strictly comply with FMLA’s requirements when it comes to asking for leave.
Judge Dismisses Claim for FMLA Interference, Allows Claim for Retaliation
One such requirement is the need to provide a medical certification from your health care provider in cases where you request FMLA leave based on a serious health condition. Basically, your doctor needs to fill out a form confirming that you are unable to work due to an illness or chronic medical condition. Within 5 business days of seeking leave for an unforeseeable condition, your employer may request this medical certification. The employer must then give you at least 15 days to have your doctor sign and return the medical certification form.
Medical certification is not a mere formality. FMLA allows an employer to deny leave if the form is not returned by the deadline. Indeed, an employee may be fired or disciplined if they take leave without returning the medical certification.
This came up in a recent Georgia case, Gossett v. Jiudicy, Inc. The plaintiff worked for the defendant as an office assistant. One day the plaintiff requested FMLA due to an unspecified serious health condition. The defendant’s HR manager then emailed the necessary medical certification forms to the plaintiff.
Sixteen days later, the plaintiff replied she had been diagnosed with “eosinophilic asthma.” The defendant replied that the plaintiff needed to provide a medical certification. If she failed to do so before returning to work, the company “cannot continue to hold your position,” adding that “once you have fully recovered, we would welcome you back.”
The plaintiff ultimately did not return to her job on the scheduled date, nor did she provide a medical certification, because she said she “was still extremely sick.” At that point, the defendant fired the plaintiff. The plaintiff subsequently sued the defendant, alleging interference with her FMLA rights among other things.
In a February 2026 order, United States District Judge W. Louis Sands, Sr., dismissed the plaintiff’s claim for FMLA interference. Put simply, the judge said the plaintiff was not entitled to FMLA leave because she failed to return her medical certification in a timely manner. The judge did, however, allow the plaintiff to proceed with a separate claim for FMLA retaliation, which challenges her firing for engaging in a legally protected activity, i.e., requesting leave in the first place.
Contact an Atlanta FMLA Attorney
Everyone needs time off to care for themselves or a family member. Even when FMLA protects your right to take such time, however, employers may still throw certain roadblocks in your way. If you need advice or assistance from a qualified Atlanta FMLA lawyer, contact The Forsythe Law Firm, LLC, today at 404-476-2717 to schedule a consultation.
Source:
scholar.google.com/scholar_case?case=10978572877964778271
