Yesterday, we looked at a question from the CED mailbag involving the use of accrued paid time off during family leave. Today, the answer to another leave-related question, as well as the introduction of a comprehensive resource you won’t want to be without.
Question: What are the differences between the rules for medical certifications under FMLA and CFRA?
Our answer:
An employer may require that an employee’s request for leave because of the employee’s own serious health condition be supported by a certification issued by his or her healthcare provider. The certification is considered sufficient if it includes the date on which the serious health condition began, the probable duration of the condition, and a statement that the serious health condition renders the employee unable to perform the essential functions of his or her position.
Learn how to master all the ins and outs of the California and federal leave rules with our new HR Management & Compliance Report, How To Comply with California and Federal Leave Laws.
An employer may require that an employee’s request for leave to care for a child, spouse, or parent with a serious health condition be supported by a certification issued by the healthcare provider of the individual requiring care. The certification is sufficient if it includes all of the following:
- The date on which the serious health condition began
- The probable duration of the condition
- An estimate of the amount of time that the healthcare provider believes the employee needs to care for the individual requiring the care
- A statement that the serious health condition requires the employee to provide care during the period of treatment or supervision
Learn how to master all the ins and outs of the California and federal leave rules with our new HR Management & Compliance Report, How To Comply with California and Federal Leave Laws.
Unlike the federal FMLA, California law prohibits disclosing the underlying diagnosis of the serious health condition for certification purposes without the consent of the patient, either for the employee or for the covered family member. Therefore, employers should not use the federal certification of healthcare provider form (WH-380), which may result in the disclosure of prohibited information.
(CEA Online subscribers can access a California-compliant version of the form here.)
Family Leave: Get All the Facts
You don’t stand a chance against lawsuits (or confused and/or disgruntled employees, for that matter) without a solid working knowledge of the ins and outs of family leave. That’s where our new HR Management & Compliance Report, How To Comply with California and Federal Leave Laws, comes in.
This information-packed 118-page guide, written by an experienced California employment lawyer, features in-depth coverage of all the topics you need to know about in an easy-read, quick-reference style:
- Overview of California and federal leave laws
- Pregnancy and parental leaves
- Required notices
- Employee notifications of illness, injury, or disability
- Responding to leave requests
- Computing leave entitlement duration
- Medical exams and inquiries
- Reinstating and terminating employees
- Leave for military members’ families
- Avoiding leave-related bias claims
- And much more!
Order your copy now and try it out risk-free for 30 days. If you’re dissatisfied in any way, just return it within 30 days and owe nothing.
Get prepared—order your copy of How To Comply with California and Federal Leave Laws today.