The Family and Medical Leave Act (“FMLA”) requires employers to provide job-protected leave for qualified family and medical reasons, and provide employees with group health benefits during the leave. An employee may take FMLA leave for their own serious health condition or to care for a family member with a serious health condition. An employer may require an employee who requests FMLA leave to provide a certification from a medical provider, and there are federal regulations that govern the types of medical providers who can provide certifications and the information that employers can require in certifications. Certifications from medical providers located outside of the United States must be accepted, although employers may request written translations.
General FMLA Certification Requirements
A medical provider under the FMLA is any of the following: a medical doctor, a podiatrist, dentist, clinical psychologist, nurse practitioner, optometrist, chiropractor, midwife, clinical social worker, physician assistant, and any health care provider from whom the employer or the employer’s group health benefits plan will accept a medical certification to support a claim for benefits. Employers may request the following in a certification from a medical provider:
- The medical provider’s contact information;
- The date the serious health condition began and how long it will last;
- Appropriate medical facts about the condition, such as symptoms, hospitalization or doctor’s visits;
- Information showing the employee cannot perform the essential functions of the job because of a serious health condition or information showing that a family member needs care.
Certifications From Medical Providers In Another Country
If the employee or the employee’s family member is visiting another country, or a family member lives in another country, and a serious health condition develops, the employer must accept a medical certification from the health care provider who practices in that country. If the certification is not in English, the employee may be required to provide a written translation of the certification. The employer must also accept second or third opinions from foreign medical providers if additional medical opinions are necessary.
If you are an employer who needs to determine how to request a medical certification or whether to accept a medical certification under the FMLA, or need assistance complying with any other employment law, please contact Stephanie Gironda or any member of the Wilentz Employment Law Team.
