PRIA, Government Policy, Made Personal

Summary

An employer can ask for a doctor’s note when an employee asks for leave to care for a son, daughter, spouse, or parent, or for leave related to a next of kin in certain cases, or for the employee’s own serious health problem. The employee must give the note on time. The note must say when the health problem began, how long it will likely last, and basic medical facts. If the leave is to care for someone, the note must say the employee is needed to provide care and give an estimate of how much time is needed. If the leave is for the employee’s own health, the note must say the employee cannot do their job. For planned or intermittent treatment, the note must list treatment dates and how long the treatment or the intermittent schedule will last, plus a statement explaining why intermittent or reduced schedule leave is medically needed or will help recovery. If the employer doubts the note, the employer can pay for a second doctor to give another opinion. That second doctor cannot be someone the employer uses regularly. If the two opinions disagree, the employer can pay for a third doctor chosen together with the employee. The third doctor’s opinion is final. Employers may also ask for new certifications when reasonably needed. For leave tied to covered active duty, the employer may require a certificate in the form and time the Secretary sets, and the employee must provide it on time.

Title 29, §2613

Labor, Source: USLM XML via OLRC

(a)In general

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)Sufficient certification

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)Second opinion

(1)In general

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)Limitation

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

(d)Resolution of conflicting opinions

(1)In general

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)Finality

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)Subsequent recertification

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

(f)Certification related to covered active duty or call to covered active duty

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