Section 17 Medical Certification

• Library: Employment Discrimination 2008

The employer may require medical certification to support a request for leave because of an eligible employee’s serious health condition or the need to care for a seriously ill family member. 29 C.F.R. § 825.305(a). Proper medical certification should not violate an employee’s privacy but should contain enough information to demonstrate that the leave is covered under the FMLA. An employee’s medical certification “shall be sufficient” if it states:

• the date on which the serious health condition commenced

• the probable duration of the condition

• the appropriate medical facts within the knowledge of the health care provider regarding the condition; and

• that the employee is unable to perform the functions of the position

29 U.S.C. § 2613(b); 29 C.F.R. § 825.306(b).

The DOL has developed Form WH-380, available at www.dol.gov/esa/regs/compliance/whd/fmla/wh380.pdf...