Connecticut Administrative Code
Title 31 - Labor
51qq - The Family and Medical Leave Act
Section 31-51qq-32 - What may an employer do if it questions the adequacy of a medical certificate for leave taken because of an employee's own serious health condition or the serious health condition of a family member?
Current through December 12, 2024
Clarification and authentication.
(1) For purposes of sections 31-51qq-1 to 31-51qq-52, inclusive, of the Regulations of Connecticut State Agencies, "authentication" means providing the health care provider with a copy of the certification and requesting verification that the information contained on the certification form was completed or authorized by the health care provider who signed the document; no additional medical information may be requested.
(2) For purposes of sections 31-51qq-1 to 31-51qq-52, inclusive, of the Regulations of Connecticut State Agencies, "clarification" means contacting the health care provider, with the employee's permission, to understand the handwriting on the medical certification or to understand the meaning of a response.
(3) If an employee submits a complete and sufficient certification signed by the health care provider, the employer may not request additional information from the employee's health care provider. However, the employer may contact the employee's health care provider for purposes of clarification or authentication of the medical certification (whether it is an initial certification or a recertification) after the employer has given the employee an opportunity to cure any deficiencies. The employer shall use a health care provider, a human resources professional, a leave administrator, or a management official to make such contact. The employee's direct supervisor shall not contact the employee's health care provider under any circumstances. If an employee chooses not to provide the employer with authorization allowing the employer to clarify the certification with the employee's health care provider, and does not otherwise clarify the certification, the employer may deny the taking of FMLA leave if the certification is unclear. It is the employee's responsibility to provide the employer with a complete and sufficient certification and to clarify the certification if necessary. The FMLA does not prevent the employer or a representative of the employer from having direct contact with the employee's health care provider in order to follow the procedures for requesting medical information under the ADA, FEPA, workers' compensation law or disability plan, subject to the provisions of subsections (c) and (d) of section 31-51qq-31 of the Regulations of Connecticut State Agencies.