In yesterday’s CED, we covered some of the rules about family leave certifications in California. Today, we’ll look at a few more, and we’ll also explain why your medical certifications can be a powerful weapon against leave abuses
What’s on the certification?
The latest changes to the FMLA now require that the medical certification state: 1) the healthcare provider’s specialization, if any, and fax number and 2) that the healthcare provider considers any intermittent or reduced-schedule leave to be medically necessary.
Medical certifications may just be the most effective tool in your arsenal for combating abuse of leave rights under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Learn more at this Friday’s webinar.
In addition, the new rules provide more detailed guidance on the kinds of medical facts that are sufficient to provide employers with information needed to make designation determinations—such as descriptions of symptoms, statements regarding hospital
and healthcare provider visits, whether medication has been provided, and notes that referrals for evaluation or treatment have been made.
Who’s a healthcare provider?
Healthcare providers who qualify under the regulations to provide certification of a serious health condition for an employee or an immediate family member include:
- doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices
You need to deal with medical certifications anyway—why not get the most bang for your buck? Find out how at Friday’s webinar, exclusively for California employers: FMLA/CFRA Certifications: How to Effectively—and Legally—Use This Weapon of Choice for Combating Abuse
- podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (chiropractors are limited to treatment consisting of manual manipulation of the spine to correct a “subluxation” demonstrated by X-ray to exist) authorized to practice in the state
- and performing within the scope of their practice under state law
- nurse practitioners, physician assistants, and nurse-midwives authorized to practice under state law and performing within the scope of their practice under state law
- Christian Science practitioners listed with the First Church of Christ, Scientist, in Boston, Mass.
- any healthcare provider recognized by the employer or the employer’s group health plan benefits manager
Fight abuse with medical certifications
Medical certifications may just be the most effective tool in your arsenal for combating abuse of leave rights under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). They provide valuable insight into whether a claimed condition qualifies as a serious health condition.
Surprisingly, though, many employers don’t take advantage of this powerful weapon for combating abuse. As a result, they’re left second-guessing whether an employee’s ailment qualifies them for protected leave.
Additionally, if an employee presents you with a doctor’s note for an absence, it’s in your best interests to request a medical certification. Otherwise, if you accept a note stating that an employee can’t work and you later terminate that employee—say, for excessive absenteeism—it’s quite likely that a court will find that you forfeited the right to challenge an assertion that he or she was a “covered” employee in the first place.
Join us this Friday, Dec. 3 for an in-depth, 90-minute webinar on how to use medical certifications as a powerful weapon in curbing FMLA/CFRA abuse. Our experts—both seasoned California-based labor and employment attorneys—will explain the types of juicy nuggets of information you can learn from completed certifications so you can properly assess whether leave is medically necessary.
You and your colleagues will also learn:
- The questions you may legally ask a medical provider under California law, and the legal line you must never cross when requesting medical information
- How to tweak your FMLA/CFRA certification form so you get the specific information needed to determine whether the leave is protected under state or federal law
- Why you should always include a copy of the job description with your request for a certification
- Best practices for handling situations where employees have the “Monday/Friday” call-in syndrome, so you can minimize abuse
- How to request re-certifications in a way that gets you the information you need when the original certification was effectively useless due to vagueness or ambiguity
- Limitations on asking for second or even third opinions, and how much information you can request on a claimed condition
- How long employees have under California law to produce an acceptable certification when the need for leave is unforeseeable
- Why your failure to get completed certifications can cause you legal grief
- When you should feel confident that a judge or jury would stand behind your decision to deny leave based on the language provided in a medical certification or re-cert
Can’t make it on Friday? Order the CD and learn at your leisure.