When is medical certification allowed under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? How do the two laws interact in terms of medical certification?

Certification and the ADA

If the employee requests an accommodation and the disability is not obvious, the employer may request reasonable medical documentation from the appropriate healthcare professional in order to establish that an individual has a disability and has a need for an accommodation.

“Reasonable medical documentation” means what is needed to establish that a person has a disability and that the disability necessitates a reasonable accommodation. An employer cannot request a person’s complete medical records because they will probably contain information unrelated to the individual’s disability and the need for accommodation.

The appropriate type of healthcare professional will depend on the disability and the type of functional limitation it imposes.

Certification and the FMLA

Employers may require that a request for leave be supported by a healthcare provider’s certification of the medical condition of the person affected. The certification should include the date on which the serious health condition began, the probable duration of the condition, and other appropriate medical facts. DOL has developed medical certification forms.

Certification should include a statement that the employee needs time off to attend to a serious health condition or is needed to care for a child, spouse, or parent with a serious health condition; or a child, spouse, parent, or next of kin with a service-related injury or illness; and an estimate of the amount of time that is needed.

If the employee is ill, the certification should include a statement that the employee is unable to perform his or her job. When the certification is for intermittent leave for planned medical treatment, it should include the dates on which the treatment is expected to be given and the duration of the treatment.

The employee must return the completed medical certification within a reasonable period of time, which the regulations state is 15 days, absent unusual circumstances. An employer may delay the taking of a scheduled leave where the medical certification is not timely returned. If the certification is incomplete or insufficient, the employer can advise the employee, stating what additional information is required.

The employee must be given 7 calendar days to correct the deficiencies in the certification. In cases where the employee fails or refuses to return a certification, without good cause, the leave need not be treated as authorized under the FMLA.

Employers may also request recertification of an employee’s serious health condition only once every 30 days, unless the employee requests an extension of leave, circumstances described in the previous certification have changed significantly, or the employer receives information that casts doubt on the employee’s stated reason for leave or on the continuing validity of the certification.

Interaction of ADA and FMLA

Employers may follow procedures for requesting medical information under the ADA, paid leave, or workers’ compensation programs without violating the FMLA. Any information received under those laws or benefit programs may be used by employers in determining an employee’s entitlement to FMLA leave.