29 U.S.C. § 2613 : US Code - Section 2613: Certification

Search 29 U.S.C. § 2613 : US Code - Section 2613: Certification

(a) In general
An employer may require that a request for leave under
subparagraph (C) or (D) of section 2612(a)(1) 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, 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) of this section 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) of
this section 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) of this section 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) of this section differs from the opinion in the original
certification provided under subsection (a) of this section, 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) of this
section.
(2) Finality
The opinion of the third health care provider concerning the
information certified under subsection (b) of this section 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.