Haw. Code R. § 12-27-11 - Certification
(a) An employer may require that a claim for
family leave be supported by written certification. Unless the employer
provides otherwise, certification requested by the employer under this section
shall be at the employee's expense, except as provided in subsection
(e).
(b) When the request for
family leave is foreseeable, the employee shall furnish certification prior to
the commencement of the family leave. In the case of unforeseeable family
leave, the employee shall furnish certification no later than two working days
after the family leave commences.
(c) The following shall be deemed acceptable
certification:
(1) For the birth of a child
of an employee, a written statement issued by a health care provider or the
family court;
(2) For the placement
of a child for adoption with an employee:
(A)
The petition filed by the employee with the court; or
(B) A written statement issued by:
(i) A recognized adoption agency;
(ii) The attorney handling the adoption;
or
(iii) The individual officially
designated by the birth parent to select and approve the adoptive
family.
(3)
For the serious health condition of a child, spouse, parent, or reciprocal
beneficiary, a written statement by a health care provider. Certification shall
contain the following information:
(A) The
patient's name and relationship to the employee;
(B) The health care provider's name, title,
type of practice or field of specialization, location, and signature;
(C) A statement that the patient's condition
qualifies for family leave as a serious health condition as defined under
section 12-27-1;
(D) A statement
that the employee is needed to participate in the care of the
patient;
(E) A statement that the
patient's condition requires hospitalization or the health care provider's
continuing treatment or continuing supervision;
(F) The approximate date the serious health
condition commenced, and the probable duration that the employee will be needed
to care for the patient with a serious health condition; and
(G) Whether it will be necessary for the
employee to take leave intermittently; and, if so, the estimated period of time
that the employee will be needed to care for the patient with a serious health
condition.
(d) For situations where the serious health
condition is chronic and continuous, and the employee foresees the need for
family leave in another twelvemonth period, the employer may require the
employee to provide certification by the health care provider of the serious
health condition for each twelve-month period of family leave.
(e) At the employer's expense, an employer
may also require re-certification during the course of any twelve-month period,
but not more often than thirty days, if:
(1)
Circumstances described by the previous certification have changed
significantly; e.g., the duration of the illness, the nature of the illness,
and complications; or
(2) The
employer receives information that casts doubt upon the employee's stated
reason for the absence.
(f) In cases where the employee's original
family leave request was under the four-week maximum, and the employee requests
an extension of the approved family leave within the twelve-month period, the
employer may require another certification from the employee of the need for
the extension.
(g) For purposes of
confirming family relationships in granting of family leave, the employer may
require the employee who gives notice of the need for family leave to provide
reasonable documentation or statement of the relationship. Reasonable
documentation may include, but is not limited to, a court document, or a birth,
marriage, or reciprocal beneficiary certificate.
(h) If an employer finds a certification
incomplete under paragraph (c)(3), the employer shall advise the employee and
provide the employee a reasonable opportunity to remedy such
deficiency.
(i) Notwithstanding
subsection (c), for a birth or a serious health condition occurring or situated
outside the State of Hawaii, certification shall be deemed sufficient if
provided by a health care provider who is:
(1) Authorized and performing within the
scope of practice as defined under a state law; or
(2) Authorized to practice in accordance with
the law of another country, and who is performing within the scope of the
practice as defined under that law.
Notes
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