29 USC § 2613 - Certification
(a)
In general
An employer may require that a request for leave under subparagraph (C) or (D) of paragraph (1) or paragraph (3) of section
2612
(a) of this title be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer.
(b)
Sufficient certification
Certification provided under subsection (a) of this section shall be sufficient if it states—
(3)
the appropriate medical facts within the knowledge of the health care provider regarding the condition;
(4)
(5)
in the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;
(6)
in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section
2612
(a)(1)(D) of this title, a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and
(7)
in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section
2612
(a)(1)(C) of this title, a statement that the employee’s intermittent leave or leave on a reduced leave schedule is necessary for the care of the son, daughter, parent, or spouse who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.
(c)
Second opinion
(1)
In general
In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) of this section for leave under subparagraph (C) or (D) of section
2612
(a)(1) of this title, the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) of this section for such leave.
(d)
Resolution of conflicting opinions
(1)
In general
In any case in which the second opinion described in subsection (c) of this section differs from the opinion in the original certification provided under subsection (a) of this section, the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b) of this section.
(e)
Subsequent recertification
The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis.
(f)
Certification related to covered active duty or call to covered active duty
An employer may require that a request for leave under section
2612
(a)(1)(E) of this title be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.
(a)
In general
An employer may require that a request for leave under subparagraph (C) or (D) of paragraph (1) or paragraph (3) of section
2612
(a) of this title be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer.
(b)
Sufficient certification
Certification provided under subsection (a) of this section shall be sufficient if it states—
(3)
the appropriate medical facts within the knowledge of the health care provider regarding the condition;
(4)
(5)
in the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;
(6)
in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section
2612
(a)(1)(D) of this title, a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and
(7)
in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section
2612
(a)(1)(C) of this title, a statement that the employee’s intermittent leave or leave on a reduced leave schedule is necessary for the care of the son, daughter, parent, or spouse who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.
(c)
Second opinion
(1)
In general
In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) of this section for leave under subparagraph (C) or (D) of section
2612
(a)(1) of this title, the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) of this section for such leave.
(d)
Resolution of conflicting opinions
(1)
In general
In any case in which the second opinion described in subsection (c) of this section differs from the opinion in the original certification provided under subsection (a) of this section, the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b) of this section.
(e)
Subsequent recertification
The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis.
(f)
Certification related to covered active duty or call to covered active duty
An employer may require that a request for leave under section
2612
(a)(1)(E) of this title be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.
Source
(Pub. L. 103–3, title I, § 103,Feb. 5, 1993, 107 Stat. 11; Pub. L. 110–181, div. A, title V, § 585(a)(3)(E),Jan. 28, 2008, 122 Stat. 130; Pub. L. 111–84, div. A, title V, § 565(a)(1)(C),Oct. 28, 2009, 123 Stat. 2310.)
Amendments
2009—Subsec. (f). Pub. L. 111–84substituted “covered active duty” for “active duty” in two places in heading.
2008—Subsec. (a). Pub. L. 110–181, § 585(a)(3)(E)(i), substituted “paragraph (1) or paragraph (3) of section
2612
(a)” for “section
2612
(a)(1)” and inserted “or of the next of kin of an individual in the case of leave taken under such paragraph (3),” after “parent of the employee,”.
Subsec. (f). Pub. L. 110–181, § 585(a)(3)(E)(ii), added subsec. (f).
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013
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