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Healthcare Provider Certification Under The FMLA

Who Can Provide Medical Certification

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An employer may require that certification come from a medical professional whose scope of practice includes the reason for the medical necessity. For example:

  • An employer may reject a certification from a chiropractor who diagnoses depression.
  • An employer may reject a certification from a dentist who diagnoses a sinus infection.

An employer may not require an employee to provide a certificate from a specialist.

A whole batch of people can certify the need for time off under the FMLA, including the following:

  • Physicians
  • Podiatrists 
  • Dentists
  • Clinical psychologists 
  • Optometrists
  • Chiropractors
  • Nurses
  • Nurse Practitioners
  • Midwives
  • Christian Science Practitioners
  • Any health care practitioner recognized by the employer or the employer’s group health plans’ benefit manager 

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