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FMLA Certification
Editor's Note: Certifications help combat FMLA fraud and abuse.
Overview: Most employers understand the need to prevent employee abuse of Family and Medical Leave Act (FMLA) leave. One tool in an employer's arsenal to help control abuse is the medical certification form - an employer may require employees requesting leave under the FMLA to provide an appropriate certification of the underlying facts that form the basis for the leave request. In order to effectively use the certification tool, employers must make sure certifications are complete and sufficient before approving FMLA leave.
The need for a certification typically arises when an employee's need for FMLA leave is because of the serious health condition of the employee or the employee's family member, the serious injury or illness of a covered military servicemember or a qualifying military exigency.
Employers that require certification forms need to check their state or local law to see if such laws limit the amount of medical information they can require in a certificate to substantiate the need for leave. Some states, for example, have laws that permit employers only to require certification of the existence of a serious health condition, not the underlying medical facts that describe that condition or the diagnosis.
Trends: With the increasing use of social media comes the risk of an employer becoming aware of information from social media resources that lead an employer to question the validity of an employee's certification. Employers should use such information with caution because there can be legal implications for monitoring employees on FMLA leave.
Author: Melissa S. Burdorf, JD, Legal Editor
Latest items in FMLA Certification
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Manage Intermittent FMLA Leave
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Manage the Medical Certification Process Under the FMLA
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FMLA: Minnesota
In-depth review of the spectrum of Minnesota employment law requirements HR must follow with respect to FMLA
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FMLA: Maryland
In-depth review of the spectrum of Maryland employment law requirements HR must follow in respect to FMLA.
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FMLA: Indiana
In-depth review of the spectrum of Indiana employment law requirements HR must follow with respect to FMLA.
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FMLA: Colorado
In-depth review of the spectrum of Colorado employment law requirements HR must follow with respect to FMLA.
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Letter Requesting Additional Information for Military Exigency Leave Under the FMLA
An employer may use this letter to inform an employee that the previously supplied information was not sufficient and additional information is required before determining if the employee qualifies for military exigency leave under the Family and Medical Leave Act (FMLA).
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WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition (Family and Medical Leave Act) - Employer Created Form
An employer may use this form when requiring certification of a health care provider for an employee seeking FMLA protections for a serious health condition. The Department of Labor has published a form, WH-380-E, which is a "safe harbor" form for employers to use. However, the questions set forth in that form are not as clear as they could be.
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WH-380-F Certification of Health Care Provider for Family Member's Serious Health Condition (Family and Medical Leave Act) - Employer Created Form
An employer may use this form when requiring certification of a health care provider for an employee seeking FMLA protections for a serious health condition. The Department of Labor has published a form, WH-380-F, which is a "safe harbor" form for employers to use. However, the questions set forth in that form are not as clear as they could be.
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FMLA
The Family and Medical Leave Act (FMLA) became effective in 1993. The statute's stated purpose is to help employees balance their work and family responsibilities by taking reasonable unpaid leave for certain family and medical reasons, and to promote equal employment opportunity for men and women.
About this topic
HR guidance on FMLA certification - a legally permissible tool for employers to reduce FMLA fraud and abuse.
FMLA Certification: Key Items
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Letter Requesting Recertification of a Serious Health Condition of an Employee's Family Member
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Letter Requesting Additional Medical Information Under the FMLA
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WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition (Family and Medical Leave Act) - Employer Created Form
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How to Handle a Request for FMLA Leave
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FMLA