The Essential Guide to Family & Medical Leave

chapter 8 | Medical Certifications (Proof of Illness) | 153
Once an employee requests time off for his or her own health problem
or to care for an ailing family member, you should immediately
think, “FMLA.” But what if you aren’t sure whether or not the
employee (or family member) has a serious health condition? Do you just
have to take the employee’s word for it that the condition is serious and
provide job-protected leave?
The answer is no. An employer always has the right to ask an employee
to provide a medical certification: a written statement from a health care
provider giving some basic information about the employee’s (or family
member’s) condition. And, for reasons explained below, you should request a
certification whenever an employee takes leave for a serious health condition.
This chapter explains what medical certifications are, how and when to
request them, when an employee must provide them, and what to do if the
certification is late or incomplete—or never shows up at all. We also explain
your options for challenging a medical certification by asking for a second or
even a third opinion, and the rules about requesting a recertification of the
same condition.
What Is a Medical Certification?
A medical certification is a written document verifying the employee’s
need to take leave for a serious health condition, prepared by a health care
provider. (Chapter 4 explains who qualifies as a health care provider.) You
can ask an employee to provide a medical certification whether the employee
needs time off for his or her own condition or to care for a family member.
A medical certification is valid only if it includes at least the following
information:
• the date the serious health condition began
• how long the condition is expected to last
• which category of serious health condition applies and medical facts
relating to that conclusion, and