If you require certification, you must request it in writing and allow at least 15 calendar days for the employee to comply, or longer in the case of extenuating circumstances.
With the exception of military caregiver leave certified by a military-affiliated health care provider, you can also require employees to get second and third medical opinions at your expense. The second or third opinion health care provider can't be one you regularly contract with or otherwise use. Third opinions are final and binding and must be from a provider that you and the employee jointly agree on.
The Department of Labor provides the following forms employers may require from employees as certification to support the need for leave:
The FMLA regulations also outline specific criteria for when and how recertification may be requested.
To help you better manage intermittent FMLA leave, keep the following tips in mind:
FMLA leaves are unpaid unless an eligible employee requests or an employer requires substitution of certain kinds of paid leave.
Permissible paid leave substitutions include:
You aren't required to provide paid sick/medical or family leaves when you wouldn't ordinarily do so under your company's policy. You also can’t count paid leaves that weren’t for an FMLA purpose against an employee's FMLA entitlement.