Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.
This case was not handled by our firm. However, if you have any questions regarding this case, or any employment matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.
The Family Medical Leave Act (FMLA), entitles an eligible employee to take up to twelve (12) workweeks of job-protected, unpaid leave during a twelve (12) month period for most qualifying reasons, or up to twenty-six (26) workweeks for military caregiver leave.
Under the FMLA, a covered employer may require that the need for leave for a serious health condition of the employee, or the employee’s immediate family member, be supported by a certification issued by a healthcare provider. Upon request of this medical certification by the employer, the employee must be allowed at least fifteen (15) calendar days to obtain the certification.
An employer may further require the employee to obtain a second medical certification from a healthcare provider of their choice, at the employer’s expense, for eligibility determination. While the employer may choose the healthcare provider for the second opinion, in most cases the employer may not regularly contract with, or otherwise regularly utilize the services of, the healthcare provider that the employer requires the employee to consult with. If the opinions of the employee’s and the employer’s designated healthcare providers differ, the employer may require the employee to obtain certification from a third healthcare provider, again at the employer’s sole expense. Unlike the second healthcare provider, the appointment of any third healthcare provider must be approved jointly by both the employer and the employee. Any opinion by the third healthcare provider shall be final and binding.
When an employer seeks medical certification from a healthcare provider, the FMLA acknowledges that only certain providers may be utilized. Healthcare providers who may provide certification of a serious health condition include:
- doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate), by the state in which the doctor practices;
- podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist), authorized to practice in the State of Connecticut, and performing within the scope of their practice under State law;
- nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under State law, and performing within the scope of their practice as defined under State law;
- Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts;
- any health care provider recognized by the employer or the employer’s group health plan’s benefits manager; and
- a health care provider listed above who practices in a country other than the United States, and who is authorized to practice under the laws of that country.
This case was not handled by our firm. However, if you have any questions regarding this case, or any employment matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.
If you are an employer and are seeking compliance with the FMLA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: dol.gov