Introduction to the
Family and Medical Leave Act
Medical certification for FMLA leave
If the leave involves a "serious health
condition," the employer may require that the request for leave be supported by a
certification issued by a health care provider which contains the following information:
-
the date on which the serious health condition
commenced;
-
the probable duration of the condition;
-
the appropriate medical facts within the knowledge
of the health care provider regarding the condition; and
-
(A) a statement that the employee is needed to
care for a son, daughter, spouse or parent -- and an estimate of the time the employee is
needed; or (B) if the employee has the serious health condition, a statement that the
employee is unable to perform the functions of his or her job.
If the employee needs to take intermittent leave,
the certification should state that this type of leave is medically necessary and set
forth a schedule for the leave (along with the duration). If the intermittent leave is for
planned medical treatment, then the certification should include the expected dates of
treatment and the expected duration of the treatment.
If the employer has reason to doubt the validity
of the certification, it may require the employee to obtain an opinion from a second
health care provider designated or approved by the employer. However, this second health
care provider shall not be employed on a regular basis by the employer and the employer is
responsible for the cost of obtaining the second opinion.
If the opinions of the first two health care
providers differ, then the employer may require, at its expense, that the employee obtain
the opinion of a third health care provider designated or approved jointly by the employer
and the employee. The opinion of the third health care provider shall be considered final
and binding on the employer and the employee.
Finally, the employer may require that the
employee obtain subsequent recertifications on a reasonable basis. For example, the
employer might require a new certification after the employee has been on leave for 30
days or 60 days -- just to make sure that there has been no unexpected change in the
employee's condition (or in the family member's condition, as the case may be).
Medical certification issues
under the FMLA are addressed at 29
U.S.C. Section 2613.
