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.
Related FAQs
Is an employee required to pay for health benefits while on FMLA leave?Do I have to use my FMLA leave in one continuous block?
Does the FMLA provide job protection for employees affected by the closure of a business?
Can an employer deny an employee's request to take FMLA leave?
Can I take FMLA leave to care for my elderly parent if they live in another state?
Can I take FMLA leave to care for a seriously ill family member who lives overseas?
Can I take FMLA leave for a family member's illness?
Can I take FMLA leave for my own illness?
What rights do employees have if their FMLA-protected leave is denied?
Does the FMLA cover job-protected leave for the birth, adoption, or placement of a foster child?
Related Blog Posts
FMLA Law: What You Need to Know About Your Rights - July 31, 2023Navigating the FMLA Leave Process: A Step-By-Step Guide - August 7, 2023
Employee Eligibility Requirements for FMLA Leave - August 14, 2023
Understanding How FMLA Leave Works in Your State - August 21, 2023
Explanation of Eligible Uses for FMLA Leave - August 28, 2023