In a recent case, the Eighth Circuit (which includes Minnesota) is instructive of how to place an employee on conditional FMLA leave.  The case in question involved an employee, who assuming he was going to get a certification from his doctor, and therefore missed work after he had been warned that one more absence would result in termination.  Upon termination, he sued, but the Court in this case indicated there was no violation of his FMLA rights as the certification provided by the doctor said he could work.  The Court noted that this is different than a situation where an employer puts an employee on provisional leave pending further certifications.  In that case, it is clear that the employee may indeed not qualify for FMLA leave based on the subsequent second and possibly even third certification, but the leave granted was provisional, and required.  Read v. Lear Corporation (8th Cir. 2009).