Fmla Certification of Health Care Provider for Employee's Serious Health Condition - Delaware

Fmla Certification of Health Care Provider for Employee's Serious Health Condition is a legal document that was released by the Delaware Department of Human Resources - a government authority operating within Delaware.

FAQ

Q: What is the FMLA?
A: The FMLA is the Family and Medical Leave Act, a federal law that allows eligible employees to take unpaid leave for certain family and medical reasons.

Q: What is the Certification of Health Care Provider?
A: The Certification of Health Care Provider is a form that an employee needs to complete to request FMLA leave for their own serious health condition. It must be filled out by a healthcare provider.

Q: What is considered a serious health condition?
A: A serious health condition is an illness, injury, impairment, or physical/mental condition that requires inpatient care or continuing treatment by a healthcare provider.

Q: Who is eligible for FMLA leave?
A: Employees who have worked for a covered employer for at least 12 months, have worked 1,250 hours in the previous 12 months, and work at a location with 50 or more employees within 75 miles are generally eligible for FMLA leave.

Q: What information is required on the Certification of Health Care Provider?
A: The Certification of Health Care Provider form requires information about the employee's medical condition, the expected duration of the condition, and whether the employee needs intermittent or continuous leave.

Q: Can an employer request a second opinion on the Certification of Health Care Provider?
A: Yes, an employer may request a second opinion, but they must pay for it. The opinion of the second healthcare provider can be used to confirm or clarify the information provided on the original certification.

Q: Can an employer contact the employee's healthcare provider for clarification?
A: Yes, an employer can contact the employee's healthcare provider to seek clarification on the information provided on the certification. However, the employer must comply with certain restrictions and regulations when doing so.

Q: Can an employee be required to provide periodic updates on their condition?
A: Yes, an employer may request periodic updates from the employee on their condition and their need for continuing FMLA leave.

Q: What happens if an employee provides an incomplete or insufficient Certification of Health Care Provider?
A: If an employee provides an incomplete or insufficient certification, the employer must provide written notice specifying the additional information needed. The employee has 7 days to provide the requested information, or their leave may be denied.

Q: Can an employee be terminated while on FMLA leave?
A: No, an employee cannot be terminated for taking FMLA leave. However, their job may not be protected if they would have been laid off or terminated regardless of the leave.