(a) An employer may require that an employee's leave to care for the
employee's seriously-ill spouse, son, daughter, or parent, or due to the
employee's own serious health condition that makes the employee unable
to perform one or more of the essential functions of the employee's
position, be supported by a certification issued by the health care
provider of the employee or the employee's ill family member. An
employer must give notice of a requirement for medical certification
each time a certification is required; such notice must be written
notice whenever required by Sec. 825.301. An employer's oral request to
an employee to furnish any subsequent medical certification is
sufficient.
(b) When the leave is foreseeable and at least 30 days notice has
been provided, the employee should provide the medical certification
before the leave begins. When this is not possible, the employee must
provide the requested certification to the employer within the time
frame requested by the employer (which must allow at least 15 calendar
days after the employer's request), unless it is not practicable under
the particular circumstances to do so despite the employee's diligent,
good faith efforts.
(c) In most cases, the employer should request that an employee
furnish certification from a health care provider at the time the
employee gives notice of the need for leave or within two business days
thereafter, or, in the case of unforeseen leave, within two business
days after the leave commences. The employer may request certification
at some later date if the employer later has reason to question the
appropriateness of the leave or its duration.
(d) At the time the employer requests certification, the employer
must also advise an employee of the anticipated consequences of an
employee's failure to provide adequate certification. The employer shall
advise an employee whenever the employer finds a certification
incomplete, and provide the employee a reasonable opportunity to cure
any such deficiency.
(e) If the employer's sick or medical leave plan imposes medical
certification requirements that are less stringent than the
certification requirements of these regulations, and the employee or
employer elects to substitute paid sick, vacation, personal or family
leave for unpaid FMLA leave where authorized (see Sec. 825.207), only
the employer's less stringent sick leave certification requirements may
be imposed.
