[NM] Can an employer reject medical records submitted for FMLA certification as too lengthy?

I understand how frustrating it can be to navigate FMLA requirements with your employer. Have you already submitted the medical records to your employer, and if so, what specific feedback did they provide regarding their length?

Have you discussed this issue with your healthcare provider to see if they can assist in summarizing the necessary information for the FMLA certification?

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your FMLA certification issue.

Hello! My name is TJ, and I'm an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you!

Your employer's position puts you in a bind, but there are a few angles here. Under the Family and Medical Leave Act (FMLA), employers can require certification on the DOL form, but they can't impose unreasonable conditions that make it impossible to comply. Rejecting complete medical records as "too lengthy" while also rejecting redacted versions as incomplete could cross into unreasonable. You might push back in writing, asking them to specify exactly which certification requirements the records don't meet. Have you asked your employer in writing what specific FMLA certification elements they need from the records? PS: I do my best to keep chats going in real time, but if there's a delay on my end, please don't worry. The chat doesn't close and I'll get back to you as soon as I can. There's no rush on your end either!

I'm sorry about your father. This situation has real legal problems for your employer. They can't create an impossible standard where you're damned either way. FMLA requires employers to work with employees in good faith to obtain certification. What they're doing here sounds like bad faith, first saying medical records are acceptable, then rejecting them as too long, then refusing to specify what they actually need. The fact that you spent a week trying to get the hospital to complete the DOL form is also important. If the hospital won't cooperate and your employer won't accept the alternative they suggested, that's not your failure. Courts have held that employees aren't responsible when healthcare providers won't complete certification forms. Your employer's pattern here, combined with the timing (taking time off for your father's care, then suddenly the certification becomes impossible), could look like retaliation or pretext for termination. That's a separate legal issue from the FMLA violation itself. The key is documenting everything in writing going forward. Send your employer a clear email laying out what happened: they asked for medical records, you provided complete records, they rejected them as too lengthy, and they've refused to specify which elements are missing. Ask them directly what specific FMLA certification requirements the records don't satisfy. Has your employer given you any written explanation for why the records don't meet FMLA requirements, or has this all been verbal? Thank you for sharing this. FRIENDLY REMINDERS: If there's ever a delay in my response, please don't worry. I'll be back with you as soon as I can. Thanks for your patience!

What your employer wrote is vague on purpose, whether intentionally or not. They're asking you to provide "only the information needed" but then saying "such as" hospitalization dates, which means that's just an example. They haven't told you what else they need. That's not how FMLA certification works. Under FMLA regulations, employers have to be specific about what certification information they need. They can't ask for documents and then reject them because they're inconvenient to review. In fact, 29 CFR 825.305(c) requires an employer who finds a certification incomplete or insufficient to state in writing what additional information is necessary, and to give the employee at least seven calendar days to cure the deficiency. A vague request like "such as hospitalization dates" without a complete list would not satisfy that standard. The DOL form exists specifically so employers don't have to wade through medical records. When an employer accepts medical records as an alternative, they still have to work with what the employee provides and identify what's actually missing, not just complain the stack is too thick. The fact that you highlighted the exact pages with the dates and they still responded with this vague request is telling. They're moving the goalposts. A reasonable employer would say something like "We need hospitalization dates, discharge dates, and diagnosis. Please provide only pages 3, 5, and 7." Instead they're asking you to guess. Here's what I'd do: Send them another email in writing. Say something like, "I've provided the complete medical records as you requested. You mentioned needing hospitalization dates, which are on pages X and Y. To ensure I provide exactly what you need to evaluate FMLA eligibility, please specify in writing which other certification elements from the DOL form you require from these records." Then list the actual FMLA certification requirements: dates of treatment, diagnosis, prognosis, medical facts about the condition, and whether it qualifies as a serious health condition under FMLA. This puts the burden back on them to be specific. If they still can't articulate what they need, that's evidence of bad faith.

Did they respond to your email pointing out the page numbers, or did they just send this vague request without acknowledging that? Thank you for walking through this with me.

That's a solid approach. You're protecting yourself by establishing that the original record set satisfies FMLA requirements upfront. Then any supplemental set they request is truly supplemental and doesn't become the new baseline they can nitpick. It shifts the burden back to them to either accept what you've provided or clearly explain what's missing from the original set. Frame it clearly in writing: state that the current records comply with FMLA certification requirements, and any additional documents you provide per their clarification are supplemental only and don't replace or supersede the original submission. Is there anything else you'd like to discuss about this, or do you feel ready to move forward with that email? FRIENDLY REMINDERS: If there's ever a delay in my response, please don't worry. I'll be back with you as soon as I can. Thanks for your patience!