Legal Definitions - Medical Certification

A Medical Certification is a formal document provided by a healthcare professional that an employer may require when an employee requests time off under the Family and Medical Leave Act (FMLA).

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons, such as the birth of a child, adoption, or a serious health condition affecting the employee or a close family member.

The purpose of a Medical Certification is to verify the necessity of the requested FMLA leave due to a serious health condition. Key aspects of this certification include:

• Issuance: It must be completed and signed by a licensed healthcare provider.
• Cost: The employee is responsible for any costs associated with obtaining the certification.
• Submission Timeline: Typically, an employee has fifteen calendar days to submit the completed certification to their employer after it is requested.
• Required Information: The certification must contain specific details, including:
  • The healthcare provider's contact information.
  • The date the serious health condition began.
  • The probable duration of the condition.
  • Relevant medical facts, such as symptoms, details of hospitalization, or doctor visits.
  • A statement indicating whether the employee is unable to perform their job functions, or if a spouse, child, or parent requires care.
  • Whether the leave will be taken as a continuous block of time or intermittently (e.g., periodic absences), along with an estimate of the time needed for absence in either case.
• Additional Information: An employer may request reasonable additional information in writing that was not initially included in the certification. The employee typically has seven calendar days to provide this extra information.
• Consequence of Non-Compliance: If an employee fails to provide the Medical Certification or any reasonably requested additional information within the specified timeframes, the employer may deny the request for FMLA leave.

Examples of Medical Certification in Practice:

• Example 1: Employee's Own Serious Health Condition

  Maria works as a marketing manager and needs to undergo major surgery for a ruptured appendix, followed by an estimated six weeks of recovery. She applies for FMLA leave to cover this period. Her employer requests a Medical Certification. Maria's surgeon completes the form, detailing her diagnosis, the necessity of the surgery, the expected recovery timeline, and confirming that Maria will be incapacitated and unable to perform her job duties during this time. This document serves as the Medical Certification, verifying her serious health condition and the need for continuous leave.

• Example 2: Caring for a Seriously Ill Family Member

  John's elderly father suffers a severe stroke and requires intensive care and rehabilitation for several months. John requests FMLA leave to care for his father, who lives out of state. His employer asks for a Medical Certification. John's father's treating physician provides the certification, outlining the father's medical condition, the extent of care required, and confirming that John's presence is necessary to assist with his father's daily needs and medical appointments. This certification justifies John's FMLA leave to care for his seriously ill parent.

• Example 3: Intermittent Leave for Chronic Condition

  Sarah has a chronic autoimmune disorder that causes unpredictable flare-ups, requiring her to miss work for a few days at a time, sometimes several times a month. She also needs regular, scheduled medical appointments for treatment. Sarah applies for intermittent FMLA leave. Her rheumatologist completes the Medical Certification, describing her condition, explaining that she will need to miss work periodically due to flare-ups and for scheduled treatments, and providing an estimate of the frequency and duration of her anticipated absences over the next year. This certification allows Sarah to take job-protected leave as needed without having to apply for each individual absence.