§2613 Certification

Summary

An employer can ask for a medical note when an employee requests leave under 2612(a)(1)(C) or (D) or under paragraph (3) of 2612(a). The note must come from the health care provider for the employee, the family member being cared for, or the next of kin when that applies. The employee must give the employer the note in a timely way. The medical note must say when the serious health problem began, how long it will likely last, basic medical facts the provider knows, and specific statements depending on the type of leave: for leave to care for someone (2612(a)(1)(C)), that the employee is needed and an estimate of how much time; for employee’s own serious health problem (2612(a)(1)(D)), that the employee cannot do their job. If leave is intermittent or on a reduced schedule, the note must show treatment dates, why intermittent leave is medically needed, and the expected schedule and duration. If the employer doubts the note, the employer can pay for a second opinion from a provider not regularly employed by the employer. If the two opinions differ, the employer can pay for a jointly chosen third opinion, and that decision is final. The employer can also require reasonable follow-up recertifications. For leave under 2612(a)(1)(E), certification rules apply if the Secretary issues them, and the employee must provide any required certificate on time.