[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.305]



[Page 781]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

 Subpart C_How do Employees Learn of Their FMLA Rights and Obligations, 

            and What Can an Employer Require of an Employee?

 

Sec.  825.305  When must an employee provide medical certification to 

support FMLA leave?



    (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.