The Family and Medical Leave Act (FMLA) provides Michigan employees with some of the strongest job protections available—but employers often turn the paperwork process into a weapon. What should be a straightforward medical certification quickly becomes a maze of tactics designed to delay, deny, or restrict your leave.

Many Michigan workers don’t realize that FMLA paperwork rules are strict—and many employers violate them without hesitation. These tactics can pressure employees into missing deadlines, turning approved medical absences into unexcused ones, or triggering write-ups that build toward termination.

Without knowing the law behind the paperwork, workers can be tricked into giving up their rights—or worse, punished for medical conditions they cannot control.

For nearly three decades, Batey Law has protected Michigan employees from FMLA interference, retaliation, and leave-related discipline. Batey Law IS Employment Law, and we understand exactly how employers manipulate paperwork to deny what the law guarantees.

FMLA Certification Basics: What Employers Can (and Cannot) Ask For

The medical certification is the key document that triggers FMLA protection. It confirms the existence of a qualifying condition and outlines the likely time you’ll need away from work. But employers often misuse it to demand far more than the law allows.

The Purpose of Certifications

A legitimate FMLA certification should accomplish three things:

• Verify a serious health condition—either your own or a family member’s
• Establish the expected frequency and duration of needed leave
• Protect you from discipline for absences covered under the condition

Once the certification is submitted, employers must rely on it unless the law allows a recertification later.

What the Certification Must Include

A complete medical certification should contain:

• A general description of the condition
  (No diagnosis required under FMLA.)
• Confirmation of inpatient care or continuing treatment
• The projected duration of the condition or flare-ups
• Estimated frequency, such as “1–3 episodes per month”
• Limits on activities, if applicable
• Treatment schedule if known

Important: Doctors do not have to list your exact diagnosis, medical history, or every detail of your treatment. The law protects patient privacy.

What Employers Cannot Demand

Many employers pretend the form allows them to interrogate your doctor. It does not.

They cannot demand:

• A diagnosis
• Detailed treatment plans
• Daily or weekly updates
• Exact predictive schedules for unpredictable conditions
• New paperwork every time you have a flare-up
• Additional forms outside the official FMLA certification

When employers insist on this level of detail, they’re not asking for clarification—they’re violating your rights.

The “Cure” Tactic — What It Means and How Employers Misuse It

The “cure” process is one of HR’s favorite tools to delay or derail FMLA protection. Understanding how it works—and how employers misuse it—is essential.

What “Cure” Means Under FMLA

If an employer thinks your certification is incomplete (missing something) or insufficient (too vague), they may:

• Request clarification
• Ask for corrections
• Return it for completion

By law, you must be given at least 7 days to “cure” the issue. This is a worker protection, not an excuse for HR to restart the process.

Legitimate “Cure” Requests

Real cure requests are narrow and specific, such as:

• Missing dates
• Incomplete frequency or duration estimates
• Missing provider signature or contact information

These are reasonable corrections—not opportunities to pry into private medical information.

Illegitimate “Cure” Demands (Often Illegal)

Some employers turn the cure process into a harassment tool. They may:

• Pressure your doctor to change or shorten leave
• Demand a diagnosis
• Require highly detailed treatment plans
• Reject forms without legal justification
• Request new forms multiple times
• Circle the same section repeatedly and send it back
• Claim the form is “too vague” simply because they don’t like the answers

These actions may constitute interference under FMLA.

How Repeated Cure Requests Become Interference

When HR keeps returning your paperwork, it’s rarely accidental.

Repeated cure requests can:

• Delay approval long enough for absences to appear “unexcused”
• Make you fearful of using leave
• Generate confusion around deadlines
• Create opportunities for discipline
• Undermine your credibility
• Punish you for needing medical care

When cure requests coincide with performance reviews or workplace conflicts, they may also qualify as retaliation.

Recertification: When Employers Can Ask for It — and When They Can’t

After your initial FMLA certification is approved, many employers shift to a new tactic: recertification. While it can be legitimate in limited circumstances, frequent or premature requests often cross the line into illegal interference.

The Legal Rules for Recertification

Under FMLA, employers can only request recertification under specific conditions:

• Every 6 months for ongoing conditions
• When there is a significant change in frequency or duration
• When your absences exceed the medical estimate on the certification
• When new information arises that legitimately casts doubt on the need for leave

Even in these cases, employers cannot require new forms constantly or demand recertification without a legally recognized reason.

Recertification Violations

Michigan workers frequently encounter unlawful recertification demands, such as:

• Requests every month or every few weeks
• New forms after every flare-up, even though episodic conditions are protected
• Recertification during the protected period, before any of the legal triggers occur
• Early requests, often used to pressure employees or create confusion

These tactics create administrative burdens designed to discourage workers from taking leave.

How Employers Use Recertification to Build a Case

Some employers strategically weaponize recertification to undermine your credibility or set up a termination. They may:

• Build a pattern of “excessive” or “unpredictable” absences
• Increase monitoring of your schedule and performance
• Treat every flare-up as suspicious
• Use paperwork delays to justify discipline

At Batey Law, these patterns are analyzed through a timeline-based evaluation, uncovering whether the employer’s actions amount to interference or retaliation under FMLA.

Protecting Yourself: The Batey Law Paperwork Strategy

Employers often count on confusion and fear to control FMLA usage. A disciplined, evidence-driven approach—consistent with how Batey Law builds cases—helps Michigan workers remain protected.

Keep a Complete Documentation File

A strong FMLA case begins with organized evidence. Keep:

• Copies of all certifications and recertifications
• Notes on doctor visits and dates paperwork was submitted
• Emails to and from HR
• A detailed timeline of every interaction related to leave
• Screenshots of comments, demands, or shifting instructions

This type of factual record aligns with Batey Law’s emphasis on credibility, truth, and precision.

Communicate in Writing Whenever Possible

Never rely solely on verbal conversations about FMLA leave. Instead:

• Confirm discussions by email
• Send paperwork through traceable methods
• Maintain proof of the date and time each document was submitted
• Request written confirmation when something is received

Written communication prevents employers from later claiming they “never got it.”

Know When to Call a Lawyer

Certain red flags indicate you may be facing interference or retaliation:

• Repeated cure requests despite complete paperwork
• Early or unnecessary recertification demands
• Write-ups or points for approved absences
• Sudden performance issues or negative reviews
• Pressure to return earlier than medically advised
• Threats to job security tied to your leave usage

When any of these arise, Scott Batey conducts a measured, timeline-driven review to determine whether your employer violated federal law.

Protect Your Medical Leave. Protect Your Livelihood.

FMLA paperwork is supposed to safeguard your job—not become a tool to restrict your medical leave. Yet many Michigan employers misuse certifications, recertifications, and cure requests to delay approval, discourage leave, or set the stage for discipline.
By understanding your rights, tracking timelines, and keeping detailed documentation, you take control of the process and protect yourself from interference or retaliation. If you’re facing pressure, confusion, or punishment tied to FMLA paperwork, you deserve experienced legal support to stand between you and unlawful employer tactics.

Get Clarity Before HR Boxes You In

Contact Batey Law Firm, PLLC
When FMLA paperwork becomes a barrier instead of a protection, you need strategic guidance—not guesswork. Since 1996, Scott Batey has helped Michigan employees stand up to interference, retaliation, and unlawful leave practices with a calm, evidence-driven approach.

📞 Call: 248-540-6800
📍 Office: 30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025
🌐 Website: www.bateylaw.com
📧 Email: sbatey@bateylaw.com