Title 29 — Labor
Chapter 28 — Family and Medical Leave
§ 2613. Certification
Statutory text
In general
An employer may require that a request for leave under subparagraph (C) or (D) of paragraph (1) or paragraph (3) of section 2612(a) 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, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer.
Sufficient certification
Certification provided under subsection (a) shall be sufficient if it states—
the date on which the serious health condition commenced;
the probable duration of the condition;
the appropriate medical facts within the knowledge of the health care provider regarding the condition;
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
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;
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;
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
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.
Second opinion
In general
In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) 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) for such leave.
Limitation
A health care provider designated or approved under paragraph (1) shall not be employed on a regular basis by the employer.
Resolution of conflicting opinions
In general
In any case in which the second opinion described in subsection (c) differs from the opinion in the original certification provided under subsection (a), 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).
Finality
The opinion of the third health care provider concerning the information certified under subsection (b) shall be considered to be final and shall be binding on the employer and the employee.
Subsequent recertification
The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis.
Certification related to covered active duty or call to covered active duty
An employer may require that a request for leave under section 2612(a)(1)(E) of this title be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–3 title I § 103 · 107 Stat. 6
Enacted · 29 U.S.C. § 2613
Pub. L. 103–3, title I, § 103, Feb. 5, 1993, 107 Stat. 11
Source evidence
Code source credit
Pub. L. 103–3, title I, § 103, Feb. 5, 1993, 107 Stat. 11Enacted provision · exact public law section
SEC. 103. CERTIFICATION. (a) In General.— An employer may require that a request for leave under subparagraph (C) or (D) of section 102(a)(1) 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) 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 102(a)(1)(C), 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 102(a)(1)(D), 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 102(a)(1)(D), 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 102(a)(1)(C), 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) for leave under subparagraph (C) or (D) of section 102(a)(1), 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) 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) differs from the opinion in the original certification provided under subsection (a), 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). (2) Finality.— The opinion of the third health care provider concerning the information certified under subsection (b) 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.National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 § 585(a)(3)(E)(i) · 122 Stat. 3
Substituted · 29 U.S.C. § 2613(a)
Pub. L. 110–181, § 585(a)(3)(E)(i), substituted “paragraph (1) or paragraph (3) of section 2612(a)” for “section 2612(a)(1)”
Inserted · 29 U.S.C. § 2613(a)
Pub. L. 110–181, § 585(a)(3)(E)(i), inserted “or of the next of kin of an individual in the case of leave taken under such paragraph (3),” after “parent of the employee,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–181, § 585(a)(3)(E)(i), substituted “paragraph (1) or paragraph (3) of section 2612(a)” for “section 2612(a)(1)” and inserted “or of the next of kin of an individual in the case of leave taken under such paragraph (3),” after “parent of the employee,”.Enacted provision · exact public law section
(i) in subsection (a)— (I) by striking “section 102(a)(1)” and inserting “paragraph (1) or paragraph (3) of section 102(a)”; and (II) by inserting “or of the next of kin of an individual in the case of leave taken under such paragraph (3),” after “parent of the employee,”; andNational Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 § 585(a)(3)(E)(ii) · 122 Stat. 3
Added · 29 U.S.C. § 2613(f)
Pub. L. 110–181, § 585(a)(3)(E)(ii), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 110–181, § 585(a)(3)(E)(ii), added subsec. (f).Enacted provision · exact public law section
(ii) by adding at the end the following: “(f) Certification Related to Active Duty or Call to Active Duty.— An employer may require that a request for leave under section 102(a)(1)(E) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.” .National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. A title V § 565(a)(1)(C) · 123 Stat. 2190
Substituted · 29 U.S.C. § 2613(f)
Pub. L. 111–84 substituted “covered active duty” for “active duty” in two places in heading
Source evidence
Code amendment note
Subsec. (f). Pub. L. 111–84 substituted “covered active duty” for “active duty” in two places in heading.Enacted provision · exact public law section
(C) Conforming amendment.— Section 103(f) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in the subsection heading, by striking “Active Duty” each place it appears and inserting “Covered Active Duty”.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Amendments2008–2009 · 2 rounds
2009
Subsec. (f). Pub. L. 111–84 substituted “covered active duty” for “active duty” in two places in heading.
2008
Subsec. (a). Pub. L. 110–181, § 585(a)(3)(E)(i), substituted “paragraph (1) or paragraph (3) of section 2612(a)” for “section 2612(a)(1)” and inserted “or of the next of kin of an individual in the case of leave taken under such paragraph (3),” after “parent of the employee,”.
Subsec. (f). Pub. L. 110–181, § 585(a)(3)(E)(ii), added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after , except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after , see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.