.
(1) Serious Health Condition of an
Employee's
Family Member As a condition of granting a leave for the serious health condition of the employee's family member, the employer may require certification of the serious health condition, as defined in section 11087(a)(1). If the certification satisfies the requirements of section 11087(a)(1), the employer must accept it as sufficient. Upon expiration of the time period the health care provider originally estimated the employee needed to take care of the employee's family member, the employer may require the employee to obtain recertification, but only if additional leave is requested. The employer may not contact a health care provider for any reason other than to authenticate a medical certification.
(2) Serious Health Condition of
Employee.
As a condition of granting a leave for the serious health condition of the employee, the employer may require certification of the serious health condition, as defined in section 11087(a)(2). Upon expiration of the time period the health care provider originally estimated the employee needed for the employee's own serious health condition, the employer may require the employee to obtain recertification, but only if additional leave is requested. The employer may not contact a health care provider for any reason other than to authenticate a medical certification.
(A) If the
employer has a good faith, objective reason to doubt the validity of the
certification the
employee provides for the
employee's own
serious health condition, the
employer may require, at the
employer's own expense, the
employee to obtain the opinion of a second
health care provider, designated or approved by the
employer, concerning any information in the
certification. The
health care provider designated or approved by the
employer shall not be employed on a
regular basis by the
employer.
1. The employer may not ask the employee to provide additional information (e.g. symptoms, diagnosis, etc.) in the medical certification beyond that allowed by these regulations.
2. The employer is responsible for complying with all applicable law regarding the confidentiality of any medical information received.
(B) In any case in which the second opinion described in (b)(2)(A) differs from the opinion in the original certification, the employer may require, at the employer's expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by both the employer and the employee, concerning any information in the certification.
(C) The opinion of the third health care provider concerning the information in the certification shall be considered to be final and shall be binding on the employer and the employee.
(D) The employer is required to provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.
(E) As a condition of an employee's return from medical leave, the employer may require the employee to obtain a release to return-to-work from the employee's health care provider stating that the employee is able to resume work, but only if the employer has a uniformly applied practice or policy of requiring such releases from other employees returning to work after illness, injury or disability and there is no collective bargaining agreement forbidding the practice. An employer is not entitled to a release to return-to-work for each absence taken on an intermittent or reduced leave schedule. However, an employer is entitled to a release to return-to-work for such absences up to once every 30 days if reasonable safety concerns exist regarding the employee's ability to perform the employee's duties.
(F) An
employer may not require an
employee to undergo a fitness-for-duty examination as a condition of an
employee's return. After an
employee returns from
CFRA leave, any fitness-for-duty examination must be job-related and consistent with business necessity, in accordance with section
11071 of these regulations.
(3) Providing
Certification.
The employer may require that the employee provide any certification within no less than 15 calendar days of the employer's request for such certification, unless it is not practicable for the employee to do so despite the employee's good faith efforts. This means that, in some cases, the leave may begin before the employer receives the certification. Absent extenuating circumstances (e.g., unavailability of healthcare provider), if the employee fails to timely return the certification, the employer may deny CFRA protections for the leave following the expiration of the 15-day time period until a sufficient certification is provided. The same rules apply to recertification. If the employee never produces the certification or recertification, the leave is not CFRA leave. At the time the employer requests certification, the employer also must advise the employee of the anticipated consequences of the employee's failure to provide adequate certification.
