Hello I'm Susan Schoenfeld senior legal editor for BL RS Human Resources and employment law publications and I'm here today to talk about medical certification under the Family and Medical Leave Act or FMLA now we receive a number of FMLA medical certification questions through our ask the expert service here we'll pra quick review of FMLA medical certification rules and answer one of the most frequently asked questions on medical certification FMLA allows employers to request medical certification for the employees own serious health condition or the serious health condition of a covered family member or for the serious health condition of a covered service member if an employer is going to require medical certifications under FMLA it is also required to prthe employee with written notice of such a requirement and the consequences of failing to prrequested medical certification this notice may be given in the form of the Department of Labor's notice of eligibility and rights and responsibilities form more commonly known as the form WH 381 or an employer may use a similar document that it creates on its own but more about that later now there are very specific rules regarding the timing of FMLA medical certification in most cases requests for medical certification of the need for FMLA leave should be made immediately after the employee gives notice of the need for leave or at the latest within 5 business days afterwards or in cases of unforeseen with the employer has 5 business days after the leave commences to prthe notice of the need for medical certification the employee also has responsibilities under FMLA employees must prthe requested medical certification or in some cases recertification within 15 calendar days after the employer's request this is true unless it is not clickable under the circumstances...
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Fmla certification Form: What You Should Know
Each employer shall provide notice of the FMLA exemption for a qualifying condition for employees to individuals affected by the condition for each of the following 3 periods: 1. Within 3 months after the date of the certification; 2. (d) Within 6 weeks after the date of the certification, but less than 2 years after the date of the certification; OR 3. Within 18 months after the date of the certification. (e) Employees may only be provided notice of the FMLA exemption under (a) paragraphs (c) and (d) and pursuant to their employer's authorization. Exception: Employees may be provided notice of the FMLA exemption for conditions related to a serious health condition to employers or employers' agents who have a reasonable basis to know about the condition or who have an effective system in place to assure that employees are informed that the exception to leave under Section 1126(c) is available. Employers or employers' agents may provide notice to an employee or an individual that the leave under Section 1126(c) is available for a qualifying condition related to a serious health condition related to a particular health problem or condition only if: 1. The notification is not in a form that is intended to mislead the employee or the individual; 2. The notification is provided directly and directly to the employee or to an individual who is personally involved with the employee and who has a connection to the employee; or 3.
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