Does my employer have the right to request a medical certification for FMLA leave?
Yes, your employer does have the right to request a medical certification for any leave being taken under the Family and Medical Leave Act (FMLA). In Hawaii, this applies to employers who employ at least 50 people within 75 miles of each other. If you are requesting FMLA leave due to serious health condition, pregnancy, or to care for a family member, your employer may ask for a medical certification to verify the need for the leave. This will usually include information about your diagnosis, prognosis, treatment, and the ability to perform basic job functions. Your employer may also require a second opinion. Your employer can’t request this type of medical certification for any other reason - such as proving that you are actually ill or proving that the condition is work-related. They also can’t ask for the certification until after you have taken the leave. If your employer does request a medical certification, you will need to provide it within 15 days of the request. Otherwise, your employer may deny your FMLA leave. For this reason, it is important to speak with your healthcare provider and your employer early on in the leave process to ensure that your medical certification meets your employer’s standards.
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