Can an employer request separate physician notes for intermittent leave?
Can an employer request separate additional physician notes with appointment times each time an employee gives notice of an appointment of an already certified condition that was approved for intermittent FMLA by an employer?
1 answer | asked Nov 20, 2009 5:42 PM [EST] | applies to Arizona
Answers (1)
The U.S. Department of Labor has promulgated detailed regulations addressing questions regarding the application of the FMLA. The answer to your question is found in 29 C.F.R.§825.308. Normally, an employer may not request recertification any more often than once every 30 days. In the case of an approved intermittent leave, the employer cannot request recertification during the period for which the intermittent leave was certified as necessary unless:
1. the employee requests an extension of leave; 2. circumstances described by the previous certification have changed; or 3. the employer receives information that casts doubt on the continuing validity of the certification.
This limitation means that an employer cannot require you to provide medical certification every time you use intermittent leave.
Your employer may be asking for a note from the doctor simply as evidence that you went for an appointment, rather than as recertification of your need for intermittent leave. This issue is not addressed in the regulations. However, most doctors provide patients with a statement of charges every time the patient visits. I would suggest that this should be adequate proof to your employer that you did indeed attend a medical appointment, and demanding anything further from the doctor would arguably violate the regulation.
posted by Francis Fanning | Nov 23, 2009 12:04 PM [EST]
1. the employee requests an extension of leave; 2. circumstances described by the previous certification have changed; or 3. the employer receives information that casts doubt on the continuing validity of the certification.
This limitation means that an employer cannot require you to provide medical certification every time you use intermittent leave.
Your employer may be asking for a note from the doctor simply as evidence that you went for an appointment, rather than as recertification of your need for intermittent leave. This issue is not addressed in the regulations. However, most doctors provide patients with a statement of charges every time the patient visits. I would suggest that this should be adequate proof to your employer that you did indeed attend a medical appointment, and demanding anything further from the doctor would arguably violate the regulation.
posted by Francis Fanning | Nov 23, 2009 12:04 PM [EST]
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