Certification

safety

Can someone point me in the right direction to determine the duty of a health care provider to complete FML certification and if there are any consequences of not doing so?

mwild31

Hey Safety - how goes it?

Here's a link that might be helpful:

[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.307.htm[/url]

I guess the consequences of a doctor not completing the certification would result in the ee being turned down for FMLA - that could be one mad employee...

Don D

He has only a feduciary duty owed to his patient, but there is no consequence for not responding, other than perhaps losing a customer or two.

morrisg

When the leave is forseeable they must return it before going on leave, failure to do so means no FMLA.

If the leave is not foreseable, you must allow the employee at least 15 days after the request for leave to provide the certification.
If an employee does not provide a medical certification for unforeseeable leave within a reasonable time, (ceratinly no longer than another 15 days in my view) you may delay his FMLA leave until all the paperwork has been turned in. If the employee never produces the certification, you do not have to count the leave as FMLA leave, and the employee will loose FMLA protections.