context: Implicit in the case is the suggestion that Green-well's defective notice would have been excusable had she provided follow-up certification as requested. In the instant case, Harlingen's counsel conceded at oral argument that Saenz could not have been required to certify an absence after she was terminated. In fact, termination during the mandatory 15-day compliance period could itself be deemed a FMLA violation.
citation_a.signal: but see
citation_a.identifier: 2008 WL 5412782, *2
citation_a.parenthetical: noting that "[i]f the employee never produces the certification, the leave is not FMLA leave" where employee was afforded full 15-day period and failed to comply (quoting 29 C.F.R. SS 825.311(b) (2003)) (alteration in original
citation_a.sentence: See Lubke v. City of Arlington, 455 F.3d 489, 496-97 (5th Cir.2006) (stating that 29 C.F.R. § 825.305(b) "requires” that the employer allow the employee at least 15 days to respond to the medical certification request); see also Killian v. Yorozu Auto. Tenn., Inc., 454 F.3d 549, 554-55 (6th Cir.2006) (termination of employee six days into 15-day compliance period "was clearly a violation of the FMLA”); Cooper v. Fulton County, 458 F.3d 1282, 1286 (11th Cir.2006) (termination of employee before the lapse of the 15-day compliance period deemed impermissible under FMLA); Muhammad v. Ind. Bell Tel. Co., 182 Fed.Appx. 551, 553 (7th Cir.2006) (unpublished) (describing the 15-day compliance period as a prerequisite to adverse employment action); Rhoads v. FDIC, 257 F.3d 373, 383 (4th Cir.2001) ("[T]he employer must allow the employee at least fifteen calendar days to submit [certification].” (emphasis added)); but see Young v. Russell Corp., No. 2:08-CV-148, 2008 WL 5412782, *2 (M.D.Ala. Dec. 29, 2008) (noting that “[i]f the employee never produces the certification, the leave is not FMLA leave” where employee was afforded full 15-day period and failed to comply (quoting 29 C.F.R. § 825.311(b) (2003)) (alteration in original)); Tippens v. Airnet Sys., Inc., No. 2:05-CV-421, 2007 WL 1026954, *5 (S.D.Ohio Mar.30, 2007) (finding that failure to submit medical certification was "fatal to a claim of FMLA interference” where employer granted temporary approval until lapse of 15-day period).
citation_b.signal: see also
citation_b.identifier: 454 F.3d 549, 554-55
citation_b.parenthetical: termination of employee six days into 15-day compliance period "was clearly a violation of the FMLA"
citation_b.sentence: See Lubke v. City of Arlington, 455 F.3d 489, 496-97 (5th Cir.2006) (stating that 29 C.F.R. § 825.305(b) "requires” that the employer allow the employee at least 15 days to respond to the medical certification request); see also Killian v. Yorozu Auto. Tenn., Inc., 454 F.3d 549, 554-55 (6th Cir.2006) (termination of employee six days into 15-day compliance period "was clearly a violation of the FMLA”); Cooper v. Fulton County, 458 F.3d 1282, 1286 (11th Cir.2006) (termination of employee before the lapse of the 15-day compliance period deemed impermissible under FMLA); Muhammad v. Ind. Bell Tel. Co., 182 Fed.Appx. 551, 553 (7th Cir.2006) (unpublished) (describing the 15-day compliance period as a prerequisite to adverse employment action); Rhoads v. FDIC, 257 F.3d 373, 383 (4th Cir.2001) ("[T]he employer must allow the employee at least fifteen calendar days to submit [certification].” (emphasis added)); but see Young v. Russell Corp., No. 2:08-CV-148, 2008 WL 5412782, *2 (M.D.Ala. Dec. 29, 2008) (noting that “[i]f the employee never produces the certification, the leave is not FMLA leave” where employee was afforded full 15-day period and failed to comply (quoting 29 C.F.R. § 825.311(b) (2003)) (alteration in original)); Tippens v. Airnet Sys., Inc., No. 2:05-CV-421, 2007 WL 1026954, *5 (S.D.Ohio Mar.30, 2007) (finding that failure to submit medical certification was "fatal to a claim of FMLA interference” where employer granted temporary approval until lapse of 15-day period).