New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter H - Disability Benefits
Article 2 - Rules Under Disability Benefits Law
Part 380 - Paid Family Leave
Subpart 380-4 - Request for Paid Family Leave, Medical Certification and HIPAA Authorization
Section 380-4.2 - Content of medical certification taken because of the serious health condition of a family member

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Required information.

When leave is taken because of the serious health condition of a family member, the employee must obtain a medical certification from a health care provider that sets forth the following information:

(1) name, address, telephone number, email address (if available), license number and state of license of the health care provider, and the type of medical practice/specialization;

(2) approximate date on which the serious health condition commenced, and its probable duration;

(3) certification regarding the patient's health condition for which PFL is requested. The certification must be sufficient to support the need for leave; and

(4) an estimate of the frequency and duration of the leave required to care for the family member, including whether the need for care is continuing or on an intermittent basis.

(b) A health care provider may refuse to supply a certification for family leave when the employee requesting the leave is the perpetrator of domestic violence or child abuse against the care recipient.

(c) In all instances in which certification is required, it is the employee's responsibility to provide the carrier with a complete and sufficient certification, and failure to do so may result in the denial of family leave. The authorization, release, or waiver executed by the care recipient shall be subject to the authorization rules and exceptions thereto of the HIPAA Privacy Rule (45 C.F.R. parts 160 and 164 [2005]).

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.