Skip to main content
  • Personal
  • Business
  • Foundation
    Close
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
  • Welcome, {{name}}
    Non-Member
    {{membership}} Membership Ends {{expiration_date}}
    MySHRM Dashboard
    • Sign In
    • accountSettings Account Settings
    • Customer Support Customer Support
    • Sign Out Sign Out
    HR is Evolving Fast!

    That’s why 340,000 HR pros and 95% of the Fortune 500 turn to SHRM for expert-backed guidance, tools, and trusted answers.

    Become a Member
    • accountSettings Account Settings
    • memberSupport Member Support
    • Sign Out Sign Out
SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Business
      Membership Benefits
  • Learning
    • Certification

      Validate your skills with the gold standard in HR

      • About SHRM Certification
      • Exam Preparation
      • Recertification
      • Apply for Certification Now
      Education Programs

      Expert-led training for real workplace change

      • Sprint Sessions
      • eLearning
      • Essentials of HR
      • Seminars
      Specialty Credentials

      Go deep in your niche. Stand out in your field.

      • AI + HI Specialty Credential
      • People Manager Qualification (PMQ)
      • See All
      Executive Voices

      Bring our experts to your stage.

  • Attend
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • All Things Work 2026
      • BLUEPRINT 2026
      • HR-X Live!
      • LEAP Employment Law Conference
      • Linkage Institute 2026
      • Skills Accelerator 2026
      • Talent 2027
      • The AI+HI Project 2027
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars

      Learn live and on demand. Earn PDCs and gain immediate insights into the latest HR trends.

  • Resources
    • News & Insights

      The latest HR news, legal updates, and leadership perspectives.

      • Latest HR News
      • Legal & Compliance News
      • Executive Insights
      • Flagship Podcasts
      HR Research

      Data-driven insights and benchmarks to guide smarter decisions.

      • Latest Research
      • HR Benchmarking
      • State of the Workplace
      • HR-X Framework
      Tools & Guides

      Practical resources to help you move from insight to action faster.

      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Templates
      • Center for Inclusion & Diversity
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Recruiting
      • Total Rewards
  • Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

      HR Tools Marketplace
      • Partner Products
  • Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      • AI Sprint sessions
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Ask an HR Advisor
Close
  • Personal
  • Business
  • Foundation
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Business
      Membership Benefits
  • Learning
    back
    Learning
    • Certification

      Validate your skills with the gold standard in HR

      • About SHRM Certification
      • Exam Preparation
      • Recertification
      • Apply for Certification Now
      Education Programs

      Expert-led training for real workplace change

      • Sprint Sessions
      • eLearning
      • Essentials of HR
      • Seminars
      Specialty Credentials

      Go deep in your niche. Stand out in your field.

      • AI + HI Specialty Credential
      • People Manager Qualification (PMQ)
      • See All
      Executive Voices

      Bring our experts to your stage.

  • Attend
    back
    Attend
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • All Things Work 2026
      • BLUEPRINT 2026
      • HR-X Live!
      • LEAP Employment Law Conference
      • Linkage Institute 2026
      • Skills Accelerator 2026
      • Talent 2027
      • The AI+HI Project 2027
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars

      Learn live and on demand. Earn PDCs and gain immediate insights into the latest HR trends.

  • Resources
    back
    Resources
    • News & Insights

      The latest HR news, legal updates, and leadership perspectives.

      • Latest HR News
      • Legal & Compliance News
      • Executive Insights
      • Flagship Podcasts
      HR Research

      Data-driven insights and benchmarks to guide smarter decisions.

      • Latest Research
      • HR Benchmarking
      • State of the Workplace
      • HR-X Framework
      Tools & Guides

      Practical resources to help you move from insight to action faster.

      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Templates
      • Center for Inclusion & Diversity
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Recruiting
      • Total Rewards
  • Community
    back
    Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

      HR Tools Marketplace
      • Partner Products
  • Shop
    back
    Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      • AI Sprint sessions
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Ask an HR Advisor
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Topics & Tools
  2. Employment Law & Compliance
  3. FMLA May Not Require Employee Notification Before Authenticating Certification
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
Court Report

FMLA May Not Require Employee Notification Before Authenticating Certification

September 24, 2026 | Jeffrey Rhodes

A judge with a gavel.

Takeaway: If an employer has questions after an employee submits a certification for leave under the Family and Medical Leave Act, it usually must ask the employee for clarification or supplementation. However, if the employer believes the certification to lack authenticity — that is, that it was written by the employee and not the health care provider — the employer may be able to contact the provider immediately to verify the form.

An employer that suspects a Family and Medical Leave Act (FMLA) medical certification is not authentic might be allowed to contact the health care provider right away, without first giving the employee a chance to correct the form, according to the 4th U.S. Circuit Court of Appeals. 

The employee worked as an assistant commonwealth’s attorney for the City of Martinsville, Va. In May 2020, he took FMLA leave to care for his ailing mother. A year and a half later, he again requested FMLA leave for additional family care leave.

Toolkit: Managing the FMLA

The city asked the employee to submit a completed FMLA certification to its HR department. He completed the entire form, including the section titled “Health Care Provider,” which was supposed to be completed by a medical professional based on the professional’s medical knowledge, experience, and examination of the patient. Instead, the employee completed this section based on information from the certification for his prior FMLA leave and his knowledge of his mother’s condition. At his mother’s doctor’s appointment, he presented the form to a registered nurse, who signed it.

The employee presented the FMLA certification to his employer. Shortly thereafter, the commonwealth’s attorney contacted the signing nurse to ask who prepared it. The nurse reported that the employee had said the form was a “work excuse” that he needed signed, and he did not know that he was signing something regarding family medical leave. The commonwealth’s attorney then informed the employee that there was a problem with the certification because he filled out the section that was supposed to be filled out by a medical practitioner. 

The employee admitted to completing the form himself but denied deceiving the nurse, saying he told the nurse to make any necessary changes to the information on the form. The employee also offered to take another certification to the doctor’s office so that the medical provider could fill out that section of the form himself.

The commonwealth’s attorney believed that the employee had exercised poor judgment and that what he had done cast doubt upon his honesty. The attorney gave him the opportunity to resign and when he declined, fired the employee.

The employee sued the commonwealth’s attorney and the city, alleging FMLA interference. The commonwealth’s attorney moved for summary judgment on the basis of qualified immunity and the district court denied the motion. It found the alleged actions of the commonwealth attorney to be clearly unlawful under the FMLA regulations, barring qualified immunity. The commonwealth’s attorney then appealed to the 4th Circuit.

Newsletter: Subscribe to SHRM Workplace Compliance News

On appeal, the 4th Circuit considered the possible application of qualified immunity to the commonwealth’s attorney. For qualified immunity to apply, the public official’s action must not be clearly unlawful at the time performed. Thus, the 4th Circuit considered whether it was not clearly unlawful at the time of discharge for the commonwealth’s attorney to contact the certifying medical provider to authenticate the FMLA certification rather than the employee. 

The employee argued that two FMLA regulations, when read together, required the commonwealth’s attorney to first give him an opportunity to cure any deficiencies in the medical certification form, which would include any problem of inauthenticity. The commonwealth’s attorney argued, in contrast, that the only deficiencies that an employer must first give an employee the opportunity to cure were incompleteness and insufficiency.

The 4th Circuit reviewed the two regulations at issue. The first regulation requires employers to seek employee “clarification or authentication” to cure any “deficiencies.” The second regulation describes “deficiencies” to include “incomplete or insufficient” medical certifications. 

Thus, the commonwealth’s attorney could reasonably believe that a question of “inauthenticity” did not require him to first contact the employee and provide an opportunity to cure. His question was not an issue of “incompleteness” or “insufficiency” regarding the medical opinion in the certification, but a question of whether the medical practitioner or the employee prepared it. Accordingly, he could reasonably believe that the regulations allowed him to contact the signing nurse immediately when he questioned the medical certification’s authenticity. 

The court noted that a question remained of whether the doctrine of qualified immunity even applied to public officials in the context of FMLA claims. Rather than deciding that issue itself, the 4th Circuit reversed the district court's decision and instructed the district court to consider whether qualified immunity should apply to FMLA claims given that the commonwealth’s attorney’s actions were not clearly unlawful.

Mook v. Hall, 4th Cir., No. 25-1677 (Aug. 4, 2026).

Jeffrey Rhodes is an attorney with McInroy, Rigby & Rhodes LLP in Arlington, Va.

Benefits Solutions
Total Rewards

Was this resource helpful?

Leave Feedback

SHRM-CP Promo Image
Validate your HR expertise

Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.

Get Certified


Related Content

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
Rising Demand for Workforce AI Skills Leads to Calls for Upskilling

As artificial intelligence technology continues to develop, the demand for workers with the ability to work alongside and manage AI systems will increase. This means that workers who are not able to adapt and learn these new skills will be left behind in the job market.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Foundation Logo
SHRM Executive Network Logo
CEO Academy Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview

  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Post an HR Job
SHRM Named to Newsweek's 2026 America's Top Online Learning Provider List
Advocacy

  • SHRM Advocacy
  • Federal Policies
  • State Affairs
  • Global Policy
  • Take Action
  • SHRM E2 Initiative
Brand Partnership

  • Partnership Opportunities
  • Advertise with Us
  • Exhibit & Sponsorship
  • Recertification Providers
  • Book a Speaker
Member Resources

  • Ask an HR Advisor
  • SHRM Newsletters
  • SHRM Flagships
  • Topics & Tools
  • Find an HR Job
  • Vendor Directory

© 2026 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
Feedback

  1. Your Privacy Choices

  2. Terms of Use

  3. Accessibility

  4. Privacy Policy

Join SHRM for Exclusive Access to Professional Content

SHRM Members enjoy unlimited access to articles and exclusive professional content resources.

membership icon image

Unlimited Resources:
Grow your knowledge across core and emerging topics

membership icon image

Access to Advisors:
Make informed decisions quickly with expert-backed direction

membership icon image

Industry-Trusted Research:
Use data and insights leaders actually care about

View Member Benefits Guide

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 2 free articles this month. Join to access unlimited articles and member-only resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 2 free articles this month. Join the Executive Network and enjoy unlimited content.

Already a member? Login
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member? Login
Join SHRM for Exclusive Access to Professional Premium Content

SHRM Members enjoy unlimited access to articles and exclusive professional premium resources.

Already a member? Login
Join SHRM for Exclusive Access to Student Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Executive Network Content

SHRM member enjoys unlimited access to articles and exclusive executive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Enterprise Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Enterprise Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Enterprise Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now