An employee with a recurring illness is missing a lot of work. How can I find out if it qualifies for FMLA?

Rather than trying to decide on your own, you should provide your employee with a certification form for her health care provider to fill out. This allows a medical professional to make the determination and eliminates the guesswork. The Department of Labor designed a sample form, the WH-380. You can use this form or, if you prefer, create one of your own, but be sure your questions don’t go beyond those on the WH-380.

The WH-380 informs the health care provider of the definition of a “serious health condition” under FMLA and asks if the patient’s condition meets this definition. It also asks for a brief description of facts supporting the certification and for the expected duration of the need for leave.

General principles to keep in mind when using a certification form:

• As an employer, you may require that the form be completed and returned within 15 calendar days.
• The requirement for a certification must be in your employee handbook, or, in the absence of an employee handbook, it must be provided in writing.
• You must request the certification at the time that the employee requests FMLA leave or, in the case of emergency circumstances, within two business days after the leave begins.
• You should inform the employee of the consequences of failing to complete and return the form.
• Use of such a form should be consistent among employees.

As with any policy change, you should consult your attorney when implementing the use of certification forms.

 
Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.
 

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