As an employer, you’re allowed to require an employee to provide certification of the need for requested medical leave. But the details of obtaining these certifications can get tricky.
Here are some answers to common certification-related questions in California:
When To Request the Certification?
Employers should request a medical certification at the time the employee gives notice of the need for leave or within 5 business days following an employee’s leave request. If the circumstances of the leave were unforeseen, the request for medical certification should occur within 5 business days after the date the leave commenced.
What if the Certfication is Incomplete?
If a certification is incomplete or insufficient, the employer must specify in writing the information that is lacking and give the employee 7 calendar days to provide additional information (unless it is not practicable to do so under the circumstances, despite the employee’s diligent good faith efforts to obtain certification).
If the employee doesn’t provide the missing information in that time, and the employee has not demonstrated that it is not practicable to do so, despite his or her diligent good faith efforts, the employer may delay or deny leave. The length of time the leave may be delayed or denied depends on whether the leave was foreseeable.
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May You Contact the Healthcare Provider (HCP)?
After the employer has given the employee an opportunity to cure any deficiencies, the employer may contact the healthcare provider (HCP) to clarify and/or authenticate the certification.
Clarification pertains only to understanding handwriting or understanding the meaning of a response—it does not allow the employer to ask the HCP to give additional information beyond what is already provided on the certification.
Authentication means giving the HCP a copy of the certification and having him or her verify that the information was completed or authorized by the HCP. Only a human resources professional, leave administrator, or management official may make such contact.
Note that the employee’s direct supervisor may never contact the employee’s HCP.
Tomorrow, a look at recertifications in California.
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