Connecticut Administrative Code
Title 31 - Labor
51qq - The Family and Medical Leave Act
Section 31-51qq-31 - How much information may be required in a medical certification for an employee's own serious health condition or the serious health condition of a family member?
Current through December 12, 2024
(a) Required information. When an employee requests leave because of the employee's own serious health condition or the serious health condition of a family member, an employer may require an employee to obtain a medical certification from a health care provider that, in addition to identifying the health care provider and type of medical practice (including pertinent specialization), sets forth the following information;
(b) Optional medical certification form. For purposes of compliance with FMLA, the Labor Department has developed optional Form DOL-FME for employees' and optional Form DOL-FMF for their family members' use in obtaining medical certification, including second and third opinions, from a health care provider that meets the FMLA's certification requirements. These optional forms reflect certification requirements so as to permit the health care provider to furnish appropriate medical information within his or her knowledge. Copies of the forms are posted on the Labor Department's website. Employers may use Form DOL-FME and Form DOL-FMF, or another form containing the same basic information; however, no additional information beyond that specified in subsection (a) of this section may be required. In all instances, the information on the forms shall relate only to the serious health condition for which the current need for leave exists.
(c) If an employee is on FMLA leave running concurrently with a workers' compensation absence, and the provisions of the workers' compensation statute permit the employer or the employer's representative to request additional information from the employee's workers' compensation health care provider, the FMLA does not prevent the employer from following the workers' compensation provisions and information received under those provisions may be considered in determining the employee's entitlement to FMLA-protected leave. Similarly, an employer may request additional information in accordance with a disability plan that requires greater information to qualify for payments or benefits, provided that the employer informs the employee that the additional information only needs to be provided in connection with receipt of such payments or benefits. The employer may consider any information received pursuant to such plan in determining the employee's entitlement to FMLA-protected leave. If the employee fails to provide the information required for receipt of such payments or benefits, such failure will not affect the employee's entitlement to take unpaid FMLA leave.
(d) If an employee's serious health condition may also be a disability within the meaning of the ADA or FEPA, the FMLA does not prevent the employer from following the procedures for requesting medical information under the ADA or FEPA. The employer may consider any information received pursuant to these procedures in determining the employee's entitlement to FMLA-protected leave.