N.J. Admin. Code § 13:14-1.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:14-1.10 - Certification by an employee or health care provider

(a) An employer may require an employee who requests family leave to sign a form of certification attesting that such employee is taking family leave in connection with the birth of a child or the placement of a child with the employee for adoption or foster care; to care for a family member because of that family member's serious health condition; or to care for a family member because of an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease, whichever is applicable. Any employee who refuses to sign such certification may be denied the requested leave. The employer may not require the employee to sign or otherwise submit a form of certification attesting to additional facts, including the employee's eligibility for family leave.

1. An employer may subject an employee to reasonable disciplinary measures, depending on the circumstances, when an employee intentionally misrepresents that such employee is taking family leave in connection with the birth of a child, or the placement of a child with the employee for adoption or foster care; to care for a family member because of that family member's serious health condition; or to care for a family member because of an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease, whichever is applicable. The form of certification established by the employer shall contain a statement warning the employee of the consequences of refusing to sign the certification or falsely certifying.

(b) An employer may require that any period of family leave for a serious health condition of a family member or for the birth or placement of a child with the employee for adoption or foster care be supported by certification issued by a health care provider, as described at (b)1 and 2 below, or where the leave is for an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease, certification issued by a school, place of care for children, public health authority, public official, or health care provider, as described at (b)3 below.

1. Where the certification is for the serious health condition of a family member of the employee, the certification shall be sufficient if it states the approximate date on which the serious health condition commenced, the probable duration of the condition and the medical facts within the provider's knowledge showing that the family member's health condition meets the criteria of a serious health condition. In any case in which the employer has reason to doubt the validity of the certification provided, the employer may require, at its own expense, that an employee obtain an opinion regarding the serious health condition from a second health care provider designated or approved, but not employed on a regular basis, by the employer. If the second opinion differs from the certification provided, the employer may require, at its own expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the serious health condition. The opinion of the third health care provider shall be considered to be final and shall be binding on the employer and the employee.

2. Where the certification is for the birth or placement of a child with the employee for adoption or foster care, the certification need only state the date of birth or date of placement, whichever is appropriate.

3. Where the certification is for an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of the communicable disease, the certification shall be sufficient if it includes:

i. For leave taken to provide in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency, the date on which the closure of the school or place of care of the child of the employee commenced, and the reason for such closure;

ii. For leave taken due to a public health authority's issuance of a determination requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee would jeopardize the health of others, the date of issuance of the determination and the probable duration of the determination; or

iii. For leave taken because a health care provider or public health authority recommends that a family member in need of care by the employee voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee would jeopardize the health of others, the date of the recommendation, the probable duration of the condition, and medical or other facts within the health care provider or public health authority's knowledge regarding the condition.

(c) An employer shall not use the certification requirements provided in (a) and (b) above to intimidate, harass or otherwise discourage an employee from requesting or taking family leave or asserting any of the employee's rights to family leave under these regulations or the Act.

N.J. Admin. Code § 13:14-1.10

Amended by 46 N.J.R. 1884(c), effective 9/2/2014.

Amended by 53 N.J.R. 1792(c), effective 10/18/2021