When an employee takes FMLA leave either for the employee's own serious health condition or for a serious health condition of a spouse, son, daughter, or parent, the employer may require the employee to provide medical certification from the employee's or family member's health care provider (doctor) confirming the existence and other information regarding the condition. The information available to the employer is limited, and the Department of Labor has developed a medical certificate which contains all of the information available to the employer. See Regulations 29 CFR Part 825.306 and Appendix B.

The employer must advise the employee in writing of any requirement to provide medical certification and allow at least 15 calendar days for the employee to provide it. Circumstances may cause the employee to be unable to provide the certification within 15 days, but as long as the employee is making a reasonable effort under the circumstances, this requirement is being met. For more detailed information see Regulations 29 CFR Part 825.305. Under some circumstances the employer's requirement for medical certification may be limited by the employer's sick or medical plan. See Regulation 29 CFR Part 825.305(e).

If the employer has some reason to question the medical certification, the employer may require and the employee must provide a second medical opinion from a doctor selected and paid for by the employer. The employer may not use a company doctor, or a doctor with whom the employer has an ongoing relationship. For example, if an employer has a contract with a local private doctor to conduct employment physicals for prospective employees, the employer may not use that doctor to obtain a second opinion except in very limited circumstances.

If the opinions of the employee's doctor and the doctor selected by the employer differ, the employer may require the employee to obtain a third medical opinion from a doctor selected by agreement between the employee and employer. The results of the third medical opinion are binding upon both the employee and the employer. For more detailed information, see Regulations 29 CFR Part 825.307.

If the employee fails to provide the medical certification required by the employer in a timely manner (at least 15 calendar days except where circumstances compel a longer time) the employer may delay the taking of leave until the medical certification is received.

If the employee fails to provide the medical certification at all, any leave taken by the employee is not FMLA leave. For more detailed information, see Regulations 29 CFR Part 825.311.

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