Confused about family leave certifications in California? If so, you’re not alone—they regularly trip up even the most experienced HR professionals. Read on for a quick rundown of what you need to know.
DOL Forms—Watch Out!
The federal Department of Labor has created two medical certification forms—one for an
employee’s own serious health condition and the other for a family member’s serious health condition.
Although the DOL forms allow a doctor to indicate a diagnosis, California law doesn’t permit you to request a diagnosis in a medical certificate confirming the need for family leave due to an employee’s serious health condition or that of a spouse, child, or parent—unless the employee consents.
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.
For that reason, California employers should not use the federal medical certification form. Also, California law doesn’t permit you to ask for a second opinion on the need for leave when the certificate is for an immediate family member and the certificate submitted was complete. (A California-appropriate form to be used in place of federal forms WH-380E and WH-380F is available to CEA Online subscribers.)
Timelines
Employers may request a certification up to five days (instead of the previous two days) following an employee’s leave request or, if the circumstances were unforeseen, the date the leave commenced.
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
If a certification is incomplete or insufficient, the employer must specify in writing the information that is lacking and give the employee seven days to provide additional information. If the employee doesn’t provide the missing information in that time, the employer may contact the healthcare provider to clarify and authenticate the certification.
Only a human resources professional, leave administrator, or management official may make such contact. The employee’s direct supervisor may never contact the employee’s healthcare provider.
The FMLA allows an employer to request recertification of an ongoing condition every six months in connection with leave and annual medical certifications when a serious health condition extends beyond a single leave year. The employer may request a certification even when the employee is substituting paid leave for unpaid FMLA leave.
What’s On The Forms?
Tomorrow, we’ll explain what’s required to be on the medical certification, as well as who qualifies as a “healthcare provider.” We’ll also look at an upcoming webinar that will highlight a powerful weapon against leave abuses that you’ve probably been overlooking.