Tag: Certification

Question: How should we handle a Family and Medical Leave Act (FMLA) leave request for an employee to care for a parent who lives outside the United States? Can we request translation and notarization of paperwork? Answer: The same leave allowance and notice requirements apply to a leave whether it is taken domestically or abroad to care…

Question: An employee took two weeks of leave under the Family and Medical Leave Act (FMLA) to care for his spouse and bond with their new baby, and is now requesting three additional weeks for baby bonding. Does he need to complete a periodic report regarding his return status or supply a return-to-work notice? Answer: If the…

Question: Does the Americans with Disabilities Act (ADA) apply when an employee is not eligible for leave under the Family and Medical Leave Act (FMLA)? What paperwork is necessary? Answer: If an employee is not eligible for Family and Medical Leave Act (FMLA) leave, an employer should explore its obligations to grant unpaid leave in…

Question: If an employee tells you that she is pregnant, how early do you have to require her to provide a doctor’s certification? We are wondering because the Department of Labor’s form WH-381 (Notice of Eligibility and Rights and Responsibilities) states that you need to have the medical certification within 15 days of notice. Answer:…

Question: Does an employer have to use the Department of Labor’s Family and Medical Leave Act (FMLA) forms, or can the employer accept a medical note from the employee’s physician? Answer: The Department of Labor has developed optional forms for use in obtaining medical certification, including second and third opinions, from health care providers that…

Question: How do we certify a serious health condition for a spouse who is pregnant and not our employee when the husband seeks leave under the Family and Medical Leave Act (FMLA)? Answer: An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family…

Question: What documentation is required for bonding after adoption for Family and Medical Leave Act (FMLA) time off? Answer: Typically, employers require a birth certificate or adoption papers to grant an employee’s request for leave for bonding after adoption. Some employers have devised a form to be completed and certified by the placement professional or agency, which…

Question: If a leave is requested to care for a family member, does the employee still need to bring a medical note or certification? Answer: Yes, an employer may require documentation for a serious health condition from the employee or the employee’s immediate family member as a certification issued by a licensed health care physician….