29 C.F.R. §825.305 - Certification, general rule
| Cite as | 29 C.F.R. §825.305 |
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361 practice notes
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Family and Medical Leave Act; information request; report,
...if the employer is going to require medical certification for the leave (subsequent requests for recertification may be oral). See 29 CFR 825.305(a). Section 825.305 also sets forth the general rule that employers must allow employees at least 15 calendar days to provide the certification a......
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Establishing Paid Sick Leave for Federal Contractors
...a greater range of documents than would suffice to demonstrate that a serious health condition exists for purposes of FMLA. See 29 CFR 825.305, 825.306. For example, under this proposal, a note from a hospital nurse stating that an employee needed to have surgery and would need at least 3 d......
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Part IV
...is always free to designate qualifying leave as FMLA leave without requiring medical certification of the underlying condition. See 29 CFR Sec. 825.305(a). Proposed Sec. 825.306(a)(1) still requires that the name and address of the health care provider and type of medical practice be identi......
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Establishing Paid Sick Leave for Federal Contractors
...a greater range of documents than would suffice to demonstrate the existence of a serious health condition for purposes of the FMLA. See 29 CFR 825.305, 825.306. For example, under the proposal, a note from a hospital nurse stating that an employee needed surgery and would require at least ......
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345 cases
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Marrero v. Camden County Board of Social Services, Civil Action No. 00-3233 (JEI).
...must first request a medical certification from the employee and then give the employee at least 15 calendar days in which to comply. 29 C.F.R. § 825.305. Thus, while the Board is obviously free to impose a five-day rule for the granting of non-FMLA sick leave, where the FMLA is implicated,......
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Rhoads v. F.D.I.C., Civil No. K-94-1548.
...in effect in 1993, employers requiring medical certification give employees 15 calendar days to provide the requested certification. 29 C.F.R. § 825.305(a). Even assuming Pavlonnis first requested a doctor's note from Rhoads on September 1, 1993, such a letter was provided on September 15, ......
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Peeples v. Coastal Office Products, Inc., CIV. AMD 01-1241.
...need for covered leave, an employer has the further right to obtain a formal "medical certification" under prescribed procedures. See 29 C.F.R. § 825.305. Significantly, although mere "posting" in the work site of a notice of FMLA rights will create a presumption that the employee had "actu......
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Caskey v. Colgate-Palmolive Co., 1:04 CV 1239 DFH TAB.
...(as long as it is at least 15 days after the employer's request), unless it is not practicable under the particular circumstances. See 29 C.F.R. § 825.305(b). The undisputed evidence shows that Caskey was given at least 15 days from the date that Hill's requested her certification, and Cask......
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16 firm's commentaries
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Can Employers Be Sued for Restricting the use of Certain Doctors for Disability Certifications?
...family member with a serious health condition to submit a medical certification completed by a health care provider. 29 USC 2613(a); 29 CFR 825.305(a). And an employer who questions the validity of the health care provider’s determination may challenge that certification by requiring the em......
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Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two
...Fed. Appx. 512 (6th Cir. 2014). 16 29 U.S.C. § 2612(a)(1)(D). 17 29 U.S.C. § 26611(11); 29 C.F.R. § 825.115. 18 29 U.S.C. § 2613(a); 29 C.F.R. § 825.305(a). 19 Collings v. Longview Fibre Co., 63 F.3d 828, 832 (9th Cir. 1995). 20 Flynn v. Raytheon Co., 868 F. Supp. 383, 387 (D. Mass. 1994). ......
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Protecting Alcoholics, Preventing Alcohol Misuse And Distinguishing Between The Two
...Fed. Appx. 512 (6th Cir. 2014). 16 29 U.S.C. § 2612(a)(1)(D). 17 29 U.S.C. § 26611(11); 29 C.F.R. § 825.115. 18 29 U.S.C. § 2613(a); 29 C.F.R. § 825.305(a). 19 Collings v. Longview Fibre Co., 63 F.3d 828, 832 (9th Cir. 20 Flynn v. Raytheon Co., 868 F. Supp. 383, 387 (D. Mass. 1994). 21 http......
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Employers: When it Comes to the FMLA, Leave Common Sense Behind
...absence would result in a denial of the leave. These requirements for a proper request for medical certification are all set forth in 29 CFR § 825.305. The employee returned a medical certification from her treating physician, but the certification actually undermined her claim, denying tha......
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3 books & journal articles
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Family and medical leave act
...own serious health condition, must be supported by a medical certification issued by the healthcare provider. 29 U.S.C. §2613(a); 29 C.F.R. §825.305(a). An employer must give written notice that it will require medical certification to make an initial eligibility decision. A verbal request ......
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Family and medical leave act
...or an employee’s immediate family member be supported by a certification issued by a health care provider. See 29 U.S.C. §2613; 29 C.F.R. §825.305. This certification is provided at the employee’s expense and by the health care provider of his or her choice. Employers should use the DOL’s W......
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Vol. 22, No. 2, 18. Recent Changes to Federal Employment Laws Will Affect Utah Companies: Examining the ADA Amendments and New FMLA Regulations.
...certification is incomplete, the employer must give written notice and allow seven calendar days to cure the deficiency. See 29 C.F.R. § 825.305(c) Fitness for Duty Certifications An employer may require certification before an employee returns to work if reasonable job safety concerns exis......
3 forms
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FMLA Certification of Health Care Providerfor Family Member’s Serious Health Condition
...health condition to submit a medical certification issued by the family member’s health care provider. 29 U.S.C. §§ 2613, 2614(c)(3); 29 C.F.R. § 825.305. The employer must give the employee at least 15 calendar days to provide the certification. If the employee fails to provide complete an......
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FMLA Certification of Qualifying Exigency For Military Family Leave
...29 U.S.C. §§ 2613, 2614(c)(3). The employer must give the employee at least 15 calendar days to provide the certification. 29 C.F.R. § 825.305(b). If the employee fails to provide complete and sufficient certification, the employee’s FMLA leave request may be denied. 29 C.F.R. § 825.313. In......
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FMLA Certification of Health Care Providerfor Employee’s Serious Health Condition
...health condition to submit a medical certification issued by the employee’s health care provider. 29 U.S.C. §§ 2613, 2614(c)(3); 29 C.F.R. § 825.305. The employer must give the employee at least 15 calendar days to provide the certification. If the employee fails to provide complete and suf......