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Home > Federal Law Articles > FMLA > Medical Certifications

Medical Certifications

Can Employees Be Disciplined When They Exceed the Frequency on Their FMLA Medical Certification? A Court Finally May Have Given Us an Answer

October 28, 2019 | Littler Filed Under: Medical Certifications

Littler

When Tori exceeded the absences indicated on her certification form, her employer asked her doctor to recertify these additional absences.

FMLA Leave for Chronic Health Conditions Requires Proof of Periodic Doctor’s Visits

October 8, 2018 | Jackson Lewis Filed Under: Medical Certifications

Jackson Lewis

When an employee takes medical leave, treatment by a healthcare provider is often assumed, and the frequency of doctor’s visits is rarely scrutinized. The Pennsylvania federal court’s recent decision in Watkins v. Blind and Vision Rehabilitation Services of Pittsburgh alerts us that this is not always a wise approach. In evaluating FMLA leave entitlements, verifying continuing medical treatment can be well worth the trouble.

Can I Get Some Clarification on That Certification? Maybe Not … Differences Between FMLA and CFRA

August 17, 2017 | Jackson Lewis Filed Under: Medical Certifications

Jackson Lewis

Under the Family and Medical Leave Act (“FMLA”), an employer is permitted to contact an employee’s healthcare provider, with the employee’s permission, to clarify a medical certification submitted in support of the employee’s request for a leave of absence.

FMLA FAQ: Can a Chiropractor Certify FMLA Leave for the Chronic Bad Back? And Are There Limits?

July 21, 2017 | Littler Filed Under: Medical Certifications

Littler

Backs across America must collectively be giving out, as my clients’ questions about medical certification from chiropractors are on the increase.

Asking Enough But Not Too Much: Medical Certifications for Leaves of Absence Under the FMLA and CFRA

June 26, 2017 | Jackson Lewis Filed Under: Medical Certifications

Jackson Lewis

The FMLA and CFRA both permit an employer to require an employee requesting a leave of absence to provide a medical certification, but these laws differ with respect to the information and employer can request about the reasons for an employee’s requested leave.

Can an Employer Require That an Employee Submit FMLA Certification from a Specialist to Support the Need for FMLA Leave?

November 7, 2016 | Littler Filed Under: Medical Certifications

Littler

When it comes to FMLA medical certification, my clients have many complaints.

FMLA FAQ: Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? And What If It’s an LCPC?

August 11, 2016 | Littler Filed Under: Medical Certifications

Littler

Q: Our employee is trying to support his need for FMLA leave with medical certification from an online health care provider. Is this valid under the FMLA? And What if It’s a Licensed Clinical Professional Counselor?

Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?

February 11, 2016 | Littler Filed Under: Medical Certifications

Littler

One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations involve intermittent leave, which is the type of leave most frequently abused by employees.

Employer Can Seek Second Opinion After Doctor Finds Employee Fit to Return From FMLA Leave

April 30, 2014 | Littler Filed Under: Medical Certifications

Littler

On a number of occasions, we have discussed whether an employer can keep an employee out on FMLA leave even though they want to return, or whether an employer can require an employee to undergo a full medical examination before returning from FMLA leave. This scenario often arises where the employer has concerns about whether the employee is mentally fit to return to work, although the concern is properly raised whenever there are legitimate reservations about whether the employee can perform the duties of the job.

Can an Employee Insist That the Employer Pay for FMLA Medical Certification?

February 12, 2014 | Littler Filed Under: Medical Certifications

Littler

Let’s put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support an FMLA-related absence. Case in point: just last week, a client called me for help after one of her employees simply refused to return medical certification because she didn’t want to foot the $50 bill quoted by her physician for completing the certification form. She firmly believed her employer should pick up the tab.

Conquering the FMLA Medical Certification Process: A Recap of our Webinar

December 13, 2013 | Littler Filed Under: Medical Certifications

Littler

Thanks to those who attended my webinar last week with Matt Morris on “Conquering the FMLA Medical Certification Process: Best Practices for Employers.” If you missed the program, you can access the webinar and materials here.

Take 2: Does Annual FMLA Certification First Require an Employee’s Absence?

August 13, 2013 | Littler Filed Under: Medical Certifications

Littler

The feedback from last week’s blog post on annual FMLA certification came fast and furious. Most of it was complimentary (thank you!), but several of my fellow FMLA nerds raised an interesting issue. They noted that the FMLA regulation covering “annual” certifications does not specifically state that the certification in the new FMLA year must come in conjunction with an absence. So, they question whether an employer actually has to wait for the first absence in the new FMLA year before seeking new certification.

DOL Busts Employer for Requiring Annual Medical Certification without Leave Request

August 8, 2013 | Littler Filed Under: Medical Certifications

Littler

The DOL is on a roll, and employers can’t be amused. Over the past few months, the Department of Labor seemingly has issued statement after statement after statement announcing settlements it has reached with various employers in conjunction with alleged FMLA violations. Heck, DOL now even has its own blog highlighting its recent FMLA enforcement. [Hey, where did they get that crazy idea!?!]

Is Your Employee Paying a Deception Service to Provide You a Fake Doctor’s Note or FMLA Certification?

July 16, 2013 | Littler Filed Under: Medical Certifications

Littler

Have you ever suspected that your employee has given you an excuse too rehearsed or provided a doctor’s note a bit too slick in support of their leave of absence? Don’t be fooled: they actually might be paying for the excuse.

FMLA FAQ: How Long Can an Employer Rely on a Second or Third Opinion under the FMLA?

March 26, 2013 | Littler Filed Under: Medical Certifications

Littler

Q: We have become more aggressive on suspected cases of FMLA abuse and, as a result, we have sent a greater number of employees for second and third opinions after they turn in medical certification. Once we have received the second or third opinion, how long can we rely on it?

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