The Essential Guide to Family & Medical Leave

chapter 8 | Medical Certifications (Proof of Illness) | 155
Policy alert
You can’t require more information for FMLA leave than your medical
leave policy requires. If your company’s sick or medical leave policies
require the employee to provide less information than the FMLA
requires, and the employee elects to substitute paid sick, medical,
personal, vacation, or other leave for unpaid leave, you may require the
employee to provide only the information required in the policy—not
the more expansive information allowed by the FMLA. In other words, if
the employee is using paid leave, the employee has to provide only the
information required by your leave policies, even though that leave also
counts against his or her FMLA entitlement.
Why You Should Always Request a Certification
Although you have the right to request a medical certification when an
employee takes leave for a serious medical condition, you aren’t required
to. Because it’s optional, some managers don’t request a certification or
request one only occasionally—for example, if the employee has a history of
unexcused absences or the health condition isn’t obvious.
The best practice, however, is to request a medical certification every time
an employee wants time off for a serious medical condition, regardless of the
circumstances. Don’t pick and choose which employees or conditions will
require a certification: Always request one. Here are three good reasons why.
Reason 1: The Condition Might Not Be Serious
Unless you ask for a medical certification, you don’t know whether the
employee or family member has a serious health condition. Remember, it’s
not your job—or right—to diagnose. Once an employee tells you that he or
she needs time off for a serious health condition, you can’t simply say, “You
don’t look that sick to me,” or “I’m sure your wife will be up and around in
no time.” If you want proof, the only way you are legally allowed to get it is
through the medical certification process.