U.S. Code » Title 29 » Chapter CHAPTER 28— FAMILY AND MEDICAL LEAVE › Subchapter SUBCHAPTER I— GENERAL REQUIREMENTS FOR LEAVE

29 U.S.C. § 2613

Certification

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(a) 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.

(b) Sufficient certificationCertification 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 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(B) 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;(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 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(7) 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.(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 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.

(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.

(f) 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.

(Pub. L. 103–3, title I, § 103, Feb. 5, 1993, 107 Stat. 11; Pub. L. 110–181, div. A, title V, § 585(a)(3)(E), Jan. 28, 2008, 122 Stat. 130; Pub. L. 111–84, div. A, title V, § 565(a)(1)(C), Oct. 28, 2009, 123 Stat. 2310.)Editorial NotesAmendments

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 SubsidiariesEffective Date

Section effective 6 months after Feb. 5, 1993, 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 Feb. 5, 1993, see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.

Notes of Decisions
Cited in 324 cases (62 in the last 5 years), 1995–2026 · leading case: Novak v. MetroHealth Med. Ctr., 503 F.3d 572 (6th Cir. 2007).
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Novak v. MetroHealth Med. Ctr., 503 F.3d 572 (6th Cir. 2007). · cites it 12× “29 U.S.C. § 2613 (a). A doctor's certification of a serious health condition is sufficient if it states (1) the date on which the serious health condition began, (2) the probable duration of the condition, (3) the appropriate medical facts within the health care provider's…”
Lee Brenneman v. Medcentral Health Sys., 366 F.3d 412 (6th Cir. 2004). · cites it 6× “29 U.S.C. § 2613 (a). Where the leave is due to a serious health condition of the employee that prevents him from performing his job, the requested certification is sufficient if it states the date upon which the serious health condition began, the condition’s probable duration,…”
Sims v. Alameda-Contra Costa Transit Dist., 2 F. Supp. 2d 1253 (N.D. Cal. 1998). · cites it 13× “29 U.S.C. § 2613 (c). If the second medical opinion differs from the first medical opinion, the employer “may” require the employee to obtain a third medical opinion.”
James Hansen v. Fincantieri Marine Grp., LLC, 763 F.3d 832 (7th Cir. 2014). · cites it 5× “” 29 U.S.C. § 2613 (a); see 29 C.F.R. § 825.”
Forrest v. Jewish Guild for the Blind, 819 N.E.2d 998 (NY 2004). · cites it 3× “The Guild approved the request, subject to the submission by plaintiff of specified documentation of her father's serious health condition ( see 29 USC § 2613 ). Plaintiff was given the requisite form to complete and undertook to return it, with the necessary certification by…”
Deborah Hansler v. Lehigh Valley Hosp. Network, 798 F.3d 149 (3rd Cir. 2015). · cites it 6× “29 U.S.C. § 2613 (a). A “sufficient” medical certification must state (1) the date on which the serious health condition began, (2) the probable duration of the condition, (3) relevant medical facts, (4) a statement that the employee is unable to perform the functions of her…”
Hayduk v. City of Johnstown, 580 F. Supp. 2d 429 (W.D. Pa. 2008). · cites it 7× “1995); see also 29 U.S.C. § 2613 . As discussed above, an employer may request this certification once an employee has provided sufficient information to invoke the FMLA and if an employee has provided the employer with adequate notice of an FMLA-qualifying condition and the…”
Peter J. Kauffman v. Fed. Express Corp., 426 F.3d 880 (7th Cir. 2005). · cites it 3× “29 U.S.C. § 2613 (a); Roger, 210 F.3d at 777 .”
Coutard v. Mun. Credit Union, 848 F.3d 102 (2d Cir. 2017). · cites it 2× “In general, with respect to “Entitlement to leave,” the FMLA provides in part that (subject to the employer’s right to request certification from a health care provider, see 29 U.S.C. § 2613 ), an eligible employee shall be entitled to a total of 12 workweeks of leave during any…”
Richard W. Stoops v. One Call Commc'ns, Inc., 141 F.3d 309 (7th Cir. 1998). · cites it 5× “” 29 U.S.C. § 2613 (a). And the employer, at its expense, may request a second opinion if it doubts the employee’s health care provider.”
Manuel v. Westlake Polymers Corp., 66 F.3d 758 (5th Cir. 1995). · cites it 4× “See 29 U.S.C. § 2613 (a). If the employer has reason to doubt the validity of the certification, it may ask for a second opinion from a different physician.”
Baldwin-Love v. Elec. Data Sys. Corp., 307 F. Supp. 2d 1222 (M.D. Ala. 2004). · cites it 9× “” 29 U.S.C. § 2613 (a). A‘ certification is 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…”
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— 29 U.S.C. § 2613(b) — 1 case
Brown v. Trans World Airlines (4th Cir. 1997).
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