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Video instructions and help with filling out and completing fmla certification
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 to prsuch net such certification despite the employees diligent good-faith efforts to do so or in some cases unless the employer actually allows more than the 15 calendar days to return medical certification under FMLA now as I mentioned before an employer can utilize the Department of Labor certification forms designed for the purpose of FMLA medical certification or the employer may use its own form so long as that form does not violate the regulatory requirements such as requiring additional information beyond that which is required by the DOL on its own forms this all sounds simple right well judging by the number of questions we received from vlr subscribers on the topic of medical certification certification is far from simple to illustrate some of the more common pitfalls of medical certification under FMLA we thought we'd share some real customer questions and our answers to them this is the first in a short series of videos that answers some of the tough questions we've received from HR managers today we're going to address a question that arises pretty frequently do I really have to get medical certification what's the need for.