Understanding the Family and Medical Leave Act (FMLA) is crucial if you need to take time off from work due to illness. Your employer may request a sick note from your doctor to verify your condition. The FMLA, enforced by the U.S. Department of Labor, grants you up to 12 weeks of unpaid leave if your employer is subject to it. This is for certain health conditions affecting either you or your immediate family.
However, you might want certain health conditions kept private. So, what exactly can an employer ask for in a sick note, and what information can they request to be included?
Medical Leave Under the Family and Medical Leave Act (FMLA)
If your employer falls under the FMLA, you can claim medical leave if you have a severe health condition that prevents you from performing your job responsibilities. This includes incapacity due to pregnancy or prenatal medical care.
You can also apply for medical leave if you have a close family member with a serious health condition. That family member can be your spouse, children, or parents.
According to the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that requires inpatient care or continuing treatment by a healthcare provider. It doesn’t cover common medical conditions like an upset stomach or routine medical checkups.
What Your Employer Can Ask For
When applying for medical leave, your employer may ask for certification that supports the reasons for your leave application. If this is the case, you must provide a complete certification within 15 calendar days, barring any exceptional circumstances. It’s your responsibility to seek a healthcare provider to provide the certification requested. This process ensures that your employer has the necessary information to understand and approve your leave.
Your employer has the right to contact the healthcare provider to clarify or authenticate the certification or request a second (or third) medical opinion at the employer’s own expense. However, it’s important to note that your employer may not inquire about the specific medical condition due to HIPAA privacy laws—unless you waive these rights. This ensures the confidentiality of your medical information.
After the certification process is complete, your employer is required to notify you whether your leave is covered under FMLA. Your employer can deny your FMLA application if you do not provide complete certification as requested. A certification is considered incomplete if any applicable entries are not completed; it is considered insufficient if the information provided is too vague.
The most essential elements of a sick note are the information that establishes the medical necessity of your medical leave and an estimation of the dates or duration of which your medical leave is necessary.
You can find the full employer’s guide to the FMLA here.
Getting a Doctor’s Note Online with QuickMD
Did you know you can have a virtual consultation with a licensed physician to obtain a doctor’s note online? This convenient service, offered by QuickMD, can help you save time and effort. Book an online consultation today. Shortly after your consultation, you will be emailed your work note if you qualify for one. Otherwise, your visit is free. This can be a great relief when you’re not feeling well and need to focus on your recovery.
