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The FMLA allows an employer to require that the employee submit a timely, complete, and sufficient medical certification to support a request for FMLA leave due to the serious health condition of the employee.
An employer may require an employee seeking FMLA leave due to a serious health condition (their own or a family member’s) to submit a medical certification to verify the employee’s need for time off. The employer may not request a certification for leave to bond with a newborn child or a child placed for adoption or foster care.
Help for health care providers – This flier guides healthcare providers through FMLA rules concerning medical certifications. It’s a handy tool that medical professionals can use to make sure patients’ and family caregivers’ employment is protected as they deal with serious health conditions.
An employer may require an employee seeking FMLA leave to provide medical certification from a health care provider.
When leave is taken because of an employee's own serious health condition, or the serious health condition of a family member, an employer may require an employee to obtain a medical certification from a health care provider that sets forth the following information:
The FMLA permits an employer to require that you submit a timely, complete, and sufficient medical certification to support a request for FMLA leave due to your own serious health condition. If requested by your employer, your response is required to obtain or retain the benefit of FMLA protections. 29 U.S.C. §§ 2613, 2614(c)(3).
Family and Medical Leave Act (FMLA) certification and recertification are among the best ways to reduce FMLA abuse. But employers often make mistakes with both.