Hello, I'm Susan Schoenfeld, a senior legal editor for BL RS Human Resources and employment law publications. Today, I'm here to discuss medical certification under the Family and Medical Leave Act (FMLA). We often receive FMLA medical certification questions through our "ask the expert" service. So, let's have a quick review of FMLA medical certification rules and address one of the most frequently asked questions on medical certification. Under FMLA, employers have the right to request medical certification for an employee's own serious health condition, the serious health condition of a covered family member, or the serious health condition of a covered service member. If an employer requires medical certifications under FMLA, they must provide written notice to the employee regarding this requirement and the consequences of failing to comply. This notice can be in the form of the Department of Labor's notice of eligibility and rights and responsibilities form (form WH 381), or the employer may create a similar document. There are specific rules regarding the timing of FMLA medical certification. In most cases, requests for medical certification should be made immediately after the employee gives notice of the need for leave, or at the latest, within 5 business days afterward. In cases of unforeseen circumstances, the employer has 5 business days after the leave commences to provide the notice of the need for medical certification. Employees also have responsibilities under FMLA. They must provide the requested medical certification, or in some cases, recertification, within 15 calendar days after the employer's request. However, if it is not feasible for the employee to provide such certification despite diligent efforts, or if the employer allows more than 15 calendar days, the timeline can be flexible. Employers have the option to use the Department of Labor's certification forms or create their own, as long as...
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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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