The Essential Guide to Family & Medical Leave

chapter 8 | Medical Certifications (Proof of Illness) | 173
Common Mistakes Regarding Medical Certifications—
And How to Avoid Them
Mistake 1: Denying FMLA leave inappropriately—that is, when the
employee or family member really has a serious health condition.
Avoid This Mistake By:
• Requesting a medical certification whenever an employee seeks leave for
a serious health condition. Don’t make a decision without getting the
information you need.
• Getting a second opinion if you doubt the employee’s certification.
Rather than disregarding a certification confirming a serious health
condition, require the employee to get a second certification from a
different health care provider.
• Getting a third opinion—or talking to an attorney before taking
action—if the first and second opinions conflict.
Mistake 2: Violating an employee’s (or family member’s) medical privacy
rights.
Avoid This Mistake By:
• Leaving the diagnosis to the doctors. Rather than asking an employee for
details about his or her medical condition, give the employee a medical
certification form and have the health care providers give you only the
information to which you are entitled.
• Checking with a lawyer before choosing a medical certification form.
Some states don’t allow employers to request all of the information
allowed by the FMLA (and by the Department of Labor’s optional
medical certification form, WH-380).
• Not talking directly to the employee’s health care provider. Only your
company’s health care provider can talk to the employee’s health care
provider, and then only to clarify information on the form and only with
the employee’s permission.