Using medical certifications to clarify anticipated FMLA leave duration

Q     We have an employee on Family and Medical Leave Act (FMLA) leave, and her first doctor's note indicated she would need several weeks before returning to work. Her new doctor's note says she won't return for the “foreseeable future,” which seems vague and doesn't provide an actual date. What should our next step be?

A     The FMLA permits an employer to require an employee to submit a medical certification to support her need for leave. One of the intended purposes of the certification is to obtain more information about her likely period of absence.

The certification should include the following:

1. Contact information for the healthcare provider and the type of medical practice/specialty provided;
2. When the serious health condition began;
3. How long the serious medical condition is expected to last;
4. Whether the employee is unable to work and the likely duration of the inability;
5. Whether the need for leave is continuous or intermittent; and
6. Appropriate medical facts about the condition.

There is no specific certification form required, but the U.S. Department of Labor (DOL) provides optional forms for employer use (for example, DOL Form WH-380-E).

Upon receiving the certification, you may: