Medical Certification Under the Family Medical Leave Act

MEDICAL CERTIFICATION UNDER THE FAMILY AND MEDICAL LEAVE ACT

The Family and Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of unpaid leave in a twelve month period for any qualifying reason. Qualifying reasons are (1) birth of a son or daughter or to care for the newborn child; (2) placement of a child with the employee for adoption or foster care; (3) to care for spouse, child or parent with a serious health condition; and (4) an employee’s own serious health condition that makes the employee unable to perform an essential function of his or her job. An employer is allowed to require an employee to provide medical certification concerning the serious health condition.

The following are answers to some of the common questions employers have concerning medical certifications:

Must I require an employee to provide medical certification?

No. The FMLA does not require an employer to request medical certification from its employees. In fact, an employer may choose to request medical certification in only certain situations. However, as a practical matter it is better to have a consistent practice concerning when medical certifications will be required and to treat all employees accordingly.

What information may I require as part of medical certification?

You may only request the following to be included on the medical certification:

• employee’s name
• patient’s name (if other than employee)
• type of serious health condition
• medical facts supporting certification
• date the serious health condition commenced
• probable duration of the serious health condition
• facts concerning need for reduced/intermittent leave
• regimen of treatment
• whether the employee can perform work of any kind or is unable to perform any one or more of the essential functions of his or her job.
• if the leave is for a family member with a serious health condition, whether the employee will care for the individual or provide psychological comfort.
• signature of health care provider and date
• signature by employee and date
   

Note that the DOL regulations state that if an employee is substituting sick pay for the FMLA leave and an employer has less stringent certification requirements for sick leave, an employer may only request the less stringent information.

Must I use the Department of Labor’s (DOL) form for medical certification?

No. However, it is advisable to use the form because it is authorized by the DOL.

May I call the employee’s doctor if I don’t understand the form?

No. A health care provider representing the company may call the employee’s health care provider only for the purposes of clarifying and authenticating the medical certification if the employee gives his or her permission.

How much time must I give the employee to get the medical certification?

You must allow the employee at least 15 calendar days to get the medical certification. You may be required to give the employee additional time if he or she is unable to get the certification despite diligent efforts.

Can I deny the employee’s leave if he or she does not provide the medical certification?

Possibly. If you have notified the employee that the leave will be denied if he or she does not provide the medical certification, then you may do so. However, if the employee provides certification that is unclear or incomplete, you must give the employee an opportunity to correct any deficiency.

Can I require an employee to get a serious health condition recertified?

Yes. For pregnancy, chronic or permanent/long term conditions a company may request recertification every 30 days. For these conditions, a company may request the recertification more frequently if the employee’s circumstances have changed significantly or if there is reason to doubt the certification.

For other conditions, an employer may generally request recertification every 30 days unless the original certification period is longer and there are no changed circumstances or reasons to doubt the certification.

Do I have to pay the medical bills for the employee’s certification or recertification?

No. It is the employee’s responsibility to schedule and pay for the doctor’s appointments associated with certification or recertification.

The FMLA is a complicated law to administer. While these "short answers" to many common certification questions should clarify this area, it is important to analyze each FMLA request carefully to ensure complete compliance with the law.

Posted 8/30/1999