Healthcare Provider Certification Under The FMLA

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.

For additional information, see:

• 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

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