Connecticut Administrative Code
Title 31 - Labor
51qq - The Family and Medical Leave Act
Section 31-51qq-52 - What certification is required for leave taken to care for a covered servicemember (military caregiver leave)?
Current through December 12, 2024
(a) Required information from health care provider. For purposes of subsections (a) and (b) of this section, "TRICARE" means the health care program serving active duty servicemembers, National Guard and Reserve members, retirees, their families, survivors, and certain former spouses worldwide. When leave is taken to care for a covered servicemember, as defined by section 31-51qq-50(a)(1) of the Regulations of Connecticut State Agencies, an employer may require an employee to obtain a certification completed by an authorized health care provider of the covered servicemember. For purposes of leave taken to care for a covered servicemember, any one of the following health care providers may complete such a certification:
(b) If the authorized health care provider is unable to make certain military-related determinations outlined in this section, the authorized health care provider may rely on determinations from an authorized DOD representative (such as a DOD Recovery Care Coordinator) or an authorized VA representative. An employer may request that the health care provider provide the following information:
(c) Required information from employee and/or covered servicemember. An employer may also request that such certification set forth the following information provided by an employee or covered servicemember:
(d) The Labor Department has developed optional prototype forms for employees' use in obtaining certification that meets FMLA's certification requirements, which may be obtained from the Labor Department's website. These optional forms reflect certification requirements so as to permit the employee to furnish appropriate information to support his or her request for leave to care for a covered servicemember. These optional forms, or another form containing the same basic information, may be used by the employer; however, no information may be required beyond that specified in this section. In all instances the information on the certification shall relate only to the serious injury or illness for which the current need for leave exists. An employer may seek authentication or clarification of the certification as set forth in section 31-51qq-32 of the Regulations of Connecticut State Agencies. Second and third opinions are not permitted for leave to care for a covered servicemember when the certification has been completed by one (1) of the types of health care providers in subsection (a)(1) to subsection (a)(4), inclusive, of this section. However, second and third opinions as set forth in section 31-51qq-32 of the Regulations of Connecticut State Agencies are permitted when the certification has been completed by a health care provider as defined in section 31-51qq-1(o) of the Regulations of Connecticut State Agencies. Additionally, recertifications set forth in 31-51qq-33 of the Regulations of Connecticut State Agencies are not permitted for leave to care for a covered servicemember. An employer may require an employee to provide confirmation of covered family relationship to the seriously injured or ill servicemember as set forth in section 31-51qq-50(a)(1) of the Regulations of Connecticut State Agencies.
(e) An employer requiring an employee to submit a certification for leave to care for a covered servicemember shall accept as sufficient certification, in lieu of the Labor Department's optional certification forms or an employer's own certification form, invitational travel orders (ITOs) or invitational travel authorizations (ITAs) issued to any family member to join an injured or ill servicemember at his or her bedside. An ITO or ITA is sufficient certification for the duration of time specified in the ITO or ITA. During that time period, an eligible employee may take leave to care for the covered servicemember in a continuous block of time or on an intermittent basis. An eligible employee who provides an ITO or ITA to support his or her request for leave may not be required to provide any additional or separate certification that leave taken on an intermittent basis during the period of time specified in the ITO or ITA is medically necessary. An ITO or ITA is sufficient certification for an employee entitled to take FMLA leave to care for a covered servicemember regardless of whether the employee is named in the order or authorization.
(f) An employer requiring an employee to submit a certification for leave to care for a covered servicemember shall accept as sufficient certification of the servicemember's serious injury or illness documentation indicating the servicemember's enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. Such documentation is sufficient certification of the servicemember's serious injury or illness to support the employee's request for military caregiver leave regardless of whether the employee is the named caregiver in the enrollment documentation.
(g) Where medical certification is requested by an employer, an employee may not be held liable for administrative delays in the issuance of military documents, despite the employee's diligent, good-faith efforts to obtain such documents as set forth in section 31-51qq-30 of the Regulations of Connecticut State Agencies. In all instances in which certification is requested, it is the employee's responsibility to provide the employer with complete and sufficient certification and failure to do so may result in the denial of FMLA leave as set forth in section 31-51qq-30 of the Regulations of Connecticut State Agencies.