§2613 — Title 29 Labor | U.S. Code

Summary

Employers can ask for a doctor’s note when an employee requests leave to care for a son, daughter, spouse, or parent, when the employee is too sick to work, or when the employee is taking leave as the next of kin for a service member. The employee must give the note in a timely way. The doctor’s note must say when the condition started, how long it will likely last, basic medical facts, and whether the employee is needed to care for the family member (and how much time) or is unable to do their job. If the leave will be intermittent or on a reduced schedule, the note must include treatment dates, why the schedule is needed, and the expected timing. If the employer doubts the note, the employer can pay for a second doctor’s opinion. That doctor cannot be someone who regularly works for the employer. If the second opinion disagrees with the first, the employer can pay for a third doctor chosen by both sides. The third doctor’s opinion is final. Employers may also ask for follow-up certifications when it is reasonable. For certain military-related leave, an employer may require certification if the Secretary creates rules for it.

Title 29, §2613

Labor — Source: USLM XML via OLRC

(a)An employer may require that a request for leave under subparagraph (C) or (D) of paragraph (1) or paragraph (3) of section 2612(a) of this title be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer.

(b)Certification provided under subsection (a) shall be sufficient if it states—

(1)the date on which the serious health condition commenced;

(2)the probable duration of the condition;

(3)the appropriate medical facts within the knowledge of the health care provider regarding the condition;

(4)(A)for purposes of leave under section 2612(a)(1)(C) of this title, a statement that the eligible employee is needed to care for the son, daughter, spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent; and

(B)for purposes of leave under section 2612(a)(1)(D) of this title, a statement that the employee is unable to perform the functions of the position of the employee;

(5)in the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;

(6)in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section 2612(a)(1)(D) of this title, a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and

(7)in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section 2612(a)(1)(C) of this title, a statement that the employee’s intermittent leave or leave on a reduced leave schedule is necessary for the care of the son, daughter, parent, or spouse who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.

(c)(1)In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) for leave under subparagraph (C) or (D) of section 2612(a)(1) of this title, the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) for such leave.

(2)A health care provider designated or approved under paragraph (1) shall not be employed on a regular basis by the employer.

(d)(1)In any case in which the second opinion described in subsection (c) differs from the opinion in the original certification provided under subsection (a), the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b).

(2)The opinion of the third health care provider concerning the information certified under subsection (b) shall be considered to be final and shall be binding on the employer and the employee.

(e)The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis.

(f)An employer may require that a request for leave under section 2612(a)(1)(E) of this title be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (f). Pub. L. 111–84 substituted “covered active duty” for “active duty” in two places in heading. 2008—Subsec. (a). Pub. L. 110–181, § 585(a)(3)(E)(i), substituted “paragraph (1) or paragraph (3) of section 2612(a)” for “section 2612(a)(1)” and inserted “or of the next of kin of an individual in the case of leave taken under such paragraph (3),” after “parent of the employee,”. Subsec. (f). Pub. L. 110–181, § 585(a)(3)(E)(ii), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that

Effective Date

, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.

§2613 Certification

Summary

Title 29, §2613

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata