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Healthcare Provider Certification Under The FMLA

What Must Be In A Healthcare Provider Certification

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A healthcare provider must identify:

  • The date the serious health condition began
  • The probable duration of the health condition
  • Functions the employee cannot perform
  • Facts which establish the medical necessity the leave.  For intermittent or reduced schedule leave, the certification must include an estimate of the frequency and duration of episodes of incapacity. 
If the certification does not include any of the above, the employer can ask for more information.

An employer may request additional information in the following circumstances. Such additional information may be considered in determining FMLA entitlement.
  • If the situation involves Workers' Compensation, and state law allows additional information from an employee's Workers' Compensation healthcare provider, the FMLA allows the employer to ask for it.
  • If paid leave or short term disability benefits are involved, an employer may request additional information in connection with the leave or benefits.
If the certification is in a language other than English

An employee must provide an English translation if requested by the employer.

Foreign certifications

An employer must accept a certification from a foreign health care provider if the employee is visiting another country. 
 


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