Police Benevolent Ass'n v. Cty of Burlington, Docket No. A3705-11T2 (App. Div., 1/17/13)

IFL certification requirements relating to approved FMLA leave.

The Police Union challenged the County's policy of requiring employees who were granted intermittent family leave to provide medical certifications supporting each date of leave. The employee had been granted IFL to assist with his son, who suffered from sickle cell disease. The County sought to require the employee to secure a medical certification for each date that he took off to care for his son, regardless of whether the leave involved medical treatment. In affirming the trial court's reversal of the arbitrator's decision in favor of the County, the court concluded that by requiring the certification after IFL had already been approved, the County was interfering with the employee's FMLA rights. The court noted that there was no dispute that the leave was being taken for the intended purpose.