Chapter 6 - § 6.15 • CERTIFICATION REQUIREMENTS

• Jurisdiction: Colorado

§ 6.15 • CERTIFICATION REQUIREMENTS

Once an employee has provided sufficient notice of the need for leave, the employer has the right to require a doctor's certification confirming that the employee or a family member has a qualifying serious health condition. See 29 U.S.C. § 2613(a); 29 C.F.R. § 825.305(a). An employer's request for certification should be made at the time an employee requests leave, but no later than five business days after the request is made for foreseeable leave or five business days after the leave begins in cases of unforeseeable leave. 29 C.F.R. § 825.305(b). When requesting certification, the employer must also provide notice of the consequences for an employee's failure to provide the requested certification. 29 C.F.R. § 825.305(d).

In cases where leave is foreseeable, an employee must provide the requested certification within 15 days, if practicable. 29 C.F.R. § 825.305(b). In cases where the need for leave is not foreseeable, an employer must provide to the employee at least 15 days in which to obtain the requested certification. 29 C.F.R. § 825.305(b). Leave taken by an employee who fails to provide requested certification is not FMLA leave and does not confer rights of reinstatement or prohibitions against restraint or retaliation. 29 C.F.R. § 825.305(d).

The certification should include the date of the onset of the serious health condition; the probable duration of the condition; the appropriate medical facts regarding the condition; whether an intermittent or a reduced leave schedule is necessary; and the identity of the certifying doctor, his or her specialty, and contact information. The form may only request information relating to the serious health condition for which the employee seeks leave. If the requested leave is for the employee's serious health condition, the certification may require information as to whether the employee is incapacitated, is unable to perform the essential functions of the employee's position, or must be absent for treatment purposes. 29 C.F.R. § 825.306. The DOL has developed FMLA-compliant certification forms, Form WH-380E (for use when leave is requested for employee's serious medical condition) and Form WH-380F (for use when leave is requested to care for a family member).

If the certification is incomplete or insufficient, the employer is to provide written notice to the employee detailing what additional information is necessary. The employee shall be provided seven calendar days...