5 FMLA Cure Letter Mistakes That Get Small Employers in Trouble

The five errors I see most often — and the exact CFR language that fixes each one.

If you've ever received a medical certification that felt incomplete or questionable, you know the pressure. You want to be fair to the employee, but you also need to protect the organization. One of the most common — and riskiest — steps in this process is how you handle the cure letter.

Many small employers and solo HR professionals make the same mistakes when drafting cure letters. These errors can lead to interference claims, even when the employer is trying to do the right thing. Here are the five I see most often, along with what the regulations actually require.

1. Using vague or conclusory language instead of specific deficiencies

Many cure letters simply say things like “The certification is incomplete” or “Please provide more information.” That's too vague.

Why it creates risk: The regulations require you to clearly identify what is missing or insufficient, so the employee knows exactly what to fix.

What the regulations say: Under 29 CFR § 825.305(c), when a certification is incomplete or insufficient, the employer must state in writing what additional information is necessary to make the certification complete and sufficient.

Better approach: Be specific. For example: “The certification does not include the date the serious health condition began or the probable duration of the condition. Please have the health care provider complete these sections.”

2. Failing to give the employee the required minimum time to cure

Some employers set very short deadlines — sometimes only a few days — for the employee to return a corrected certification.

Why it creates risk: The regulations give the employee at least seven calendar days to cure the deficiency, unless extenuating circumstances exist.

What the regulations say: 29 CFR § 825.305(c) provides that the employee must be given seven calendar days (unless not practicable under the particular circumstances despite the employee's diligent good faith efforts) to cure the deficiency.

Better approach: Clearly state the deadline, give the full seven days (or more if needed), and track it carefully.

3. Contacting the health care provider directly before giving the employee a chance to cure

This is one of the most common and serious mistakes.

Why it creates risk: Contacting the provider too early can be viewed as interference. You generally must give the employee the opportunity to cure first.

What the regulations say: Under 29 CFR § 825.307(a), an employer may contact the health care provider for clarification or authentication only after giving the employee an opportunity to cure the certification under § 825.305(c). Two further limits matter: the contact may not be made by the employee's direct supervisor, and you generally need the employee's authorization to obtain the information.

Better approach: Issue a proper cure letter first. Only contact the provider — with the employee's authorization, and through someone other than the direct supervisor — if the employee fails to cure within the allowed time.

4. Not distinguishing between “incomplete” and “insufficient” certifications

Some HR professionals use these terms interchangeably, but they have different meanings under the regulation.

Why it creates risk: Treating an insufficient certification the same as an incomplete one can lead to the wrong process and potential compliance issues.

What the regulations say: Both definitions live in 29 CFR § 825.305(c):

• Incomplete: the employer received the certification, but one or more applicable entries were not completed.
• Insufficient: the certification is complete, but the information provided is vague, ambiguous, or non-responsive.

Better approach: Identify which situation applies and use the correct process for each.

5. Poor documentation and recordkeeping around the cure letter

Many small employers send the cure letter but fail to keep clear records of when it was sent, what was requested, and whether the employee responded.

Why it creates risk: Without good documentation, it becomes difficult to defend your actions if a claim is later filed.

Better approach: Keep a clear record that includes:

• The date the cure letter was sent
• The specific deficiencies listed
• The deadline given to the employee
• Any response received
• Your final determination

A better way to handle cure letters

Drafting precise, compliant cure letters while managing deadlines and documentation is time-consuming and easy to get wrong — especially when you're handling FMLA on your own. That's one of the reasons I built FMLAReady: it generates the correct cure-letter language based on the specific deficiencies you select, includes the proper CFR references, and tracks the cure deadline automatically. Everything stays on your device.