“…….where the employee fails to return certification, the regulations clearly state “No Soup for You!”  Well, something close, at least: if the employee never returns the certification, according to the regs, “the leave is not FMLA leave.”  29 C.F.R. 825.313(b). ”

http://www.fmlainsights.com/medical-certification/no-soup-for-you-if-an-employee-doesnt-turn-in-medical-certification-fmla-leave-is-not-protected/

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