Can the employer verify certification for FMLA leave for qualifying exigencies?

If an employee submits a complete and sufficient certification to support his or her request for leave because of any qualifying exigency for covered active duty, the agency may not request additional information from the employee. However, the agency may verify the information described below and does not need the employee's permission to do so.

  1. If the qualifying exigency involves meeting with a third party, the agency may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and verifying the information provided in the employee's statement regarding the meeting between the employee and the specified individual or entity. No additional information may be requested by the agency.
  2. An agency may contact an appropriate unit of the Department of Defense to request verification that a covered service member is on covered active duty or call to covered active duty status. No addi tional information may be requested by the agency.