Fired employee failed to ‘cure’ FMLA certification, lost case

The story

Amanda’s job required her to occasionally lift boxes that weighed approximately 20 pounds. She also suffered from nerve pain in her neck, back, and arm that would give her severe headaches and cause her arm to go numb. She sought treatment from a chiropractor.

On March 6, the company gave Amanda her first warning when she accumulated four attendance points; six points led to termination. Two days later, Amanda requested FMLA leave, and the company asked her to certify that leave with her medical provider by March 25.

The company received a certification on March 21, but concluded that the form was insufficient because it:

• Failed to indicate whether the condition necessitated absences from work,
• Provided vague treatment instructions in which Amanda would need treatment “at her own discretion,” and
• Failed to provide sufficient detail on Amanda’s restriction from heavy lifting.

Following the FMLA regulations, the employer gave Amanda 7 days to “cure” (i.e., correct) the certification.

Five days later, on March 26, the employer received another certification form, but again, it contained insufficient information regarding Amanda’s “treatment at her own discretion” and the deadline for the restriction on heavy lifting.

The company gave Amanda another 7 days to cure the certification.

Over the next week and a half, the employer received certifications on April 5 and April 8, but both were identical to the former certifications.

The employer concluded these subsequent certifications were also insufficient, and it denied Amanda’s leave on April 9. As a result, her absences from work weren’t excused, she received the additional attendance points, and, consistent with the company's policy, the employer terminated Amanda.

The suit and result

Amanda sued, arguing that the company didn’t give her an adequate opportunity to cure the certification and kept “moving the goalposts” to prevent her from doing so.

The employer countered that Amanda didn’t submit sufficient paperwork and then failed to cure the deficiencies within the FMLA’s timeframe, despite multiple opportunities.

The court agreed with the employer and dismissed the case.

Christian v. Sanoh America, Inc., Northern District of Alabama, No. 5:24-cv-899, December 5, 2025

Key to remember: Employers may require employees to provide a complete and sufficient certification, and may deny FMLA leave if employees fail to do so after being allowed to correct it.