- Who Can Provide Medical Certification
- What Must Be In A Healthcare Provider Certification
- Incomplete Healthcare Provider Certifications
- What Questions Can An Employer Ask To A Professional Who Certifies FMLA Need?
- Limited Employer Contact With The Healthcare Provider
- Second Opinions
- Third Opinions
- Failure To Provide Certification
- Confidentiality Of Certifications
Healthcare Provider Certification Under The FMLA
For information about each of the following subjects and related subjects, see the other sections of this article
An employer may require an employee to provide a certification and recertification from a healthcare provider to support the need for leave under the Family And Medical Leave Act (FMLA) because of a serious health condition.
If an employer wants medical certification, it must request certification when the employee requests leave or within 5 days of the beginning of unforeseeable leave. New medical certification may be requested in each subsequent leave year.
Certification must come from an acceptable healthcare provider and contain a minimum amount of information. An employer may request clarification. The questions an employer can ask are limited as is an employer's right to contact the healthcare provider directly.
A second opinion may be requested. If it conflicts with the first opinion, a third opinion may be requested. A third opinion is binding on both employer and employee.
Failure to provide certification may result in no protection under the FMLA.