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Family and Medical Leave Act Advisor

Qualifying Exigency Leave Certification - Verification

§ 825.309

If an employee submits a complete and sufficient certification to support his or her request for leave, the employer may not request additional information from the employee.

However, if the qualifying exigency involves meeting with a third party, the employer may contact the individual or entity for purposes of verifying a meeting or appointment schedule and the nature of the meeting. The employee’s permission is not required for this verification, but the employer may not request any additional information from the third party.

The employer also may contact an appropriate unit of the Department of Defense to request verification that a military member is on covered active duty or call to covered active duty status or has been notified of an impending call to covered active duty. No additional information may be requested and the employee’s permission is not required.

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