The Essential Guide to Family & Medical Leave

164 | the essential guide to family and medical leave
After You Receive the Certification
Once you receive a medical certification, you have several options. You may
decide, based on the information provided, that the employee is entitled to
FMLA leave. In that situation, you should make sure you’ve provided the
required notices and move on to structuring the leave with the employee (see
Chapters 2 and 9.)
The information you receive might lead to the opposite conclusion:
that the employee is not protected by the FMLA. This is not as common,
but it does happen. For example, the health care provider might check
the “none of the above” space when asked to identify the patient’s serious
health condition, describe the condition as a minor ailment which does not
incapacitate the patient, or indicate that the employee does not need time off
work. In this situation, the employee has not submitted the required proof of
a serious health condition and is therefore not entitled to FMLA leave. You
don’t have to request a second opinion; you can simply deny leave based on
this information.
Tip
Tell the employee what’s wrong with the form. If the information in
the certification doesn’t show that the employee has a serious health
condition, let the employee know. That way, the employee can make
sure that the doctor didn’t make a mistake in completing the form, and
will understand why you are denying the leave request. If the employee
subsequently gives you a new form indicating that there is a serious
health condition, you can always request a second opinion (see “Second
Opinions,” below).
Even if the form indicates a serious health condition, however, you may
still have doubts. You may wonder whether the illness or ailment described
on the form really qualifies as a serious health condition. You may question
the employee’s inability to work due to the condition. Perhaps the form is
incomplete, or you simply can’t read the doctor’s handwriting. This section
explains your options if you need or want more information after receiving a
certification.