§ 2613. — Certification.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 29USC2613]
TITLE 29--LABOR
CHAPTER 28--FAMILY AND MEDICAL LEAVE
SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
Sec. 2613. Certification
(a) In general
An employer may require that a request for leave under subparagraph
(C) or (D) of section 2612(a)(1) of this title be supported by a
certification issued by the health care provider of the eligible
employee or of the son, daughter, spouse, or parent of the employee, as
appropriate. The employee shall provide, in a timely manner, a copy of
such certification to the employer.
(b) Sufficient certification
Certification provided under subsection (a) of this section shall be
sufficient if it states--
(1) the date on which the serious health condition commenced;
(2) the probable duration of the condition;
(3) the appropriate medical facts within the knowledge of the
health care provider regarding the condition;
(4)(A) for purposes of leave under section 2612(a)(1)(C) of this
title, a statement that the eligible employee is needed to care for
the son, daughter, spouse, or parent and an estimate of the amount
of time that such employee is needed to care for the son, daughter,
spouse, or parent; and
(B) for purposes of leave under section 2612(a)(1)(D) of this
title, a statement that the employee is unable to perform the
functions of the position of the employee;
(5) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, for planned medical treatment,
the dates on which such treatment is expected to be given and the
duration of such treatment;
(6) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, under section 2612(a)(1)(D) of
this title, a statement of the medical necessity for the
intermittent leave or leave on a reduced leave schedule, and the
expected duration of the intermittent leave or reduced leave
schedule; and
(7) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, under section 2612(a)(1)(C) of
this title, a statement that the employee's intermittent leave or
leave on a reduced leave schedule is necessary for the care of the
son, daughter, parent, or spouse who has a serious health condition,
or will assist in their recovery, and the expected duration and
schedule of the intermittent leave or reduced leave schedule.
(c) Second opinion
(1) In general
In any case in which the employer has reason to doubt the
validity of the certification provided under subsection (a) of this
section for leave under subparagraph (C) or (D) of section
2612(a)(1) of this title, the employer may require, at the expense
of the employer, that the eligible employee obtain the opinion of a
second health care provider designated or approved by the employer
concerning any information certified under subsection (b) of this
section for such leave.
(2) Limitation
A health care provider designated or approved under paragraph
(1) shall not be employed on a regular basis by the employer.
(d) Resolution of conflicting opinions
(1) In general
In any case in which the second opinion described in subsection
(c) of this section differs from the opinion in the original
certification provided under subsection (a) of this section, the
employer may require, at the expense of the employer, that the
employee obtain the opinion of a third health care provider
designated or approved jointly by the employer and the employee
concerning the information certified under subsection (b) of this
section.
(2) Finality
The opinion of the third health care provider concerning the
information certified under subsection (b) of this section shall be
considered to be final and shall be binding on the employer and the
employee.
(e) Subsequent recertification
The employer may require that the eligible employee obtain
subsequent recertifications on a reasonable basis.
(Pub. L. 103-3, title I, Sec. 103, Feb. 5, 1993, 107 Stat. 11.)
Section Referred to in Other Sections
This section is referred to in section 2612 of this title; title 2
section 1312; title 3 section 412.
