Md. Code Regs. 11.02.13.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.02.13.06 - Certification by Health Care Provider

A. If the certification required by this regulation is not provided by the health care provider, the Department may deny FMLA leave until the certification is received.

B. Leave to Care for Family Member.

(1) The Department may require an employee applying for FMLA leave to care for a family member to provide certification from a health care provider that the employee is needed to care for the family member.

(2) Care for a family member includes providing psychological comfort and arranging for third-party care.

(3) Certification by a health care provider shall indicate that:

(a) Third-party care is necessary for the family member; or

(b) The employee's presence would provide psychological comfort and be beneficial to the family member.

C. Employee Serious Health Condition.

(1) The Department shall require an employee applying for FMLA leave to provide certification from a health care provider that the employee has a serious health condition and is unable to perform the function of the employee's job.

(2) The Department may require the employee to obtain a second opinion from a health care provider not employed by the Department.

(3) If the first and second opinions differ, the Department may require a third opinion from a health care provider mutually selected by the employee and the Department.

(4) The cost of second and third opinions shall be paid by the employing administration.

(5) Pending receipt of the second or third opinions, the employee is provisionally entitled to FMLA leave.

D. If the need for FMLA leave is foreseeable and certification is not provided within 15 days of the Department's request for certification, the leave may be denied until certification is received.

E. Recertification. The Department may not require recertification of FMLA leave status more frequently than every 30 days unless:

(1) The employee requests an extension;

(2) Circumstances regarding the illness or injury change significantly; or

(3) New information casts doubt upon the validity of the most recent certification.

Md. Code Regs. 11.02.13.06

Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)