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 FMLA leave to provide proper 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 certification typically arises when an employee needs FMLA leave for 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 applicable state or local law to see if such laws limit the amount of medical information they may ask of an employee 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, and not the underlying medical facts that describe the condition or the diagnosis.
Trends: With the increasing use of social media comes the risk of an employer becoming aware of information that leads the employer to question the validity of an employee's FMLA certification. Employers should use social media information with caution because there may be legal implications surrounding the monitoring of employees on FMLA leave.
Author: Melissa S. Burdorf, JD, Legal Editor
Updated to reflect an amendment to the state paid family leave law, effective February 3, 2019.
Updated to reflect the forthcoming state Paid Medical Leave Act.
Updated to incorporate the state paid family and medical leave law, with contribution collections beginning January 1, 2019.
Updated to reflect legal developments regarding the forthcoming Austin paid sick leave law.
Updated to include the state paid sick leave law and to remove the preempted local paid sick leave laws, effective October 29, 2018.
Updated guidance to reflect DOL opinion letter on organ donation.
Updated to reflect a forthcoming amendment to the state paid family leave law.
Updated to reflect the state employer tax credit for paid family and medical leave, effective September 12, 2018.
HR guidance on FMLA certification - a legally permissible tool for employers to reduce FMLA fraud and abuse.