Does FMLA Call Your Doctor?
The short answer is no, the Family and Medical Leave Act (FMLA) itself does not call your doctor. However, your employer, or a third-party administrator acting on their behalf, will require medical certification from your doctor to support your FMLA leave request.
Understanding the Role of Medical Certification in FMLA
The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. One of the key components of the FMLA process is providing medical certification to substantiate your need for leave. This certification acts as evidence that your leave is medically necessary and qualifies under the FMLA guidelines.
The FMLA Process and Your Doctor
The FMLA process typically involves these steps:
- Employee Request: You request FMLA leave from your employer.
- Employer Notice: Your employer provides you with notice of your eligibility and rights under the FMLA, including a request for medical certification.
- Medical Certification: You obtain a medical certification form from your employer or download it from the Department of Labor website.
- Doctor Completion: You take the form to your healthcare provider, who completes and returns it to you.
- Submission to Employer: You submit the completed medical certification to your employer within the designated timeframe (usually 15 calendar days).
- Employer Review: Your employer reviews the certification to determine if it meets the FMLA requirements.
What Information is Required on the Medical Certification?
The medical certification form requests specific information from your doctor, including:
- The nature of your serious health condition (or the family member’s condition).
- The date the condition began.
- The probable duration of the condition.
- A statement that you are unable to perform the functions of your job (or that the family member needs care).
- The frequency and duration of any treatment appointments.
It’s important to note that your employer cannot ask your doctor for more information than is allowed by the FMLA regulations. They also cannot ask for your complete medical records.
Employer Communication with Your Doctor (Limited)
While the FMLA doesn’t directly have your employer call your doctor in most situations, there are specific circumstances where limited communication is permitted. The employer must first obtain your permission to contact your health care provider.
- Authentication and Clarification: Your employer can contact your healthcare provider for purposes of authenticating the certification and clarifying the information contained within it. However, they must obtain your permission to do so.
- Second and Third Opinions: If your employer doubts the validity of the certification, they have the right to require you to obtain a second opinion from a healthcare provider of their choosing (at their expense). If the second opinion differs from the first, they can require a third opinion from a provider jointly selected by you and your employer. The third opinion is binding. Your employer cannot communicate with these doctors beyond providing necessary information for the examination.
Common Mistakes and How to Avoid Them
- Missing Deadlines: Failing to return the completed medical certification form within the specified timeframe can result in denial of your FMLA leave.
- Incomplete Information: A medical certification form that is not fully completed by your doctor can also lead to denial.
- Lack of Communication: It’s crucial to communicate openly with your employer and your doctor throughout the FMLA process.
- Assuming Automatic Approval: Just because you submit a medical certification doesn’t guarantee your FMLA leave will be approved. Your employer still needs to determine if you meet the other eligibility requirements.
By understanding the FMLA process and taking the necessary steps to provide accurate and timely medical certification, you can help ensure a smooth and successful FMLA leave experience.
Frequently Asked Questions (FAQs)
Can my employer deny my FMLA leave if I don’t provide a medical certification?
Yes, your employer can deny your FMLA leave if you fail to provide a complete and sufficient medical certification within the allotted timeframe. It is crucial to understand that while Does FMLA Call Your Doctor? – the burden of providing evidence lies with you, the employee.
What happens if my doctor charges me a fee for completing the medical certification form?
You are responsible for any fees charged by your doctor for completing the medical certification form. This is considered a personal expense and is not covered by your employer. Many doctors’ offices have a standard fee for paperwork completion.
Can my employer contact my doctor without my permission?
Generally, no. Your employer cannot contact your doctor directly without your explicit permission, except to authenticate the document and clarify any ambiguities. They must adhere to privacy regulations like HIPAA and cannot obtain your complete medical records.
What if I disagree with my employer’s decision regarding my FMLA leave?
If you believe your employer has violated your rights under the FMLA, you have the right to file a complaint with the Department of Labor or pursue legal action. It is always best to document any communication and actions related to your FMLA request.
Does FMLA Call Your Doctor? If so, under what circumstances?
Again, no. The FMLA itself does not call your doctor. However, your employer may contact your doctor with your permission for the purpose of authentication and clarification of the provided medical certification.
How long do I have to submit my medical certification form to my employer?
Generally, you have at least 15 calendar days to provide your employer with the completed medical certification form. Your employer should specify the exact deadline in the notice they provide to you.
What if I need more time to get the medical certification completed?
If you are unable to obtain the medical certification within the allotted timeframe, you should immediately contact your employer and explain the situation. They may grant you an extension, but they are not obligated to do so.
Can my employer require me to undergo a fitness-for-duty examination before returning to work after FMLA leave?
Yes, your employer can require you to undergo a fitness-for-duty examination to ensure you are able to safely perform the essential functions of your job. The examination must be related to the condition that caused you to take FMLA leave.
What information can my employer legally request from my doctor on the medical certification form?
Your employer can only request information that is directly relevant to your need for FMLA leave, such as the nature of your serious health condition, the date it began, its probable duration, and a statement that you are unable to perform the functions of your job. They cannot request your complete medical history or other irrelevant information.
If my doctor says my condition isn’t serious enough for FMLA, what are my options?
If your doctor does not believe your condition qualifies as a “serious health condition” under the FMLA, you can seek a second opinion from another healthcare provider. Remember that it’s the definition in the law, not just what any individual doctor thinks.
Does FMLA Call Your Doctor? Or is it different for mental health conditions?
The answer remains the same: No, the FMLA itself does not call your doctor for either physical or mental health conditions. The process for obtaining medical certification is the same regardless of the type of health condition.
My employer uses a third-party administrator for FMLA. Will they contact my doctor?
A third-party administrator, acting on behalf of your employer, follows the same rules and regulations as your employer. They cannot contact your doctor without your permission except for the purpose of authenticating the document and clarifying ambiguities.