No Soup For You! If An Employee Doesn’t Turn in Medical Certification, FMLA Leave is Not Protected

“…….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). ”