How to Verify a Doctor's Certification of Disability for an Employee

Step-by-Step Guide

1. 1

   Step 1: Review the information submitted by the employee.

   If an employee requests time off under the FMLA for their disability, they must provide written information certifying the disability and their inability to work as a result if you request it.In some cases, particularly if the condition that required the employee to miss work occurred without warning, the employee may only give you notice that they are taking FMLA time by phone.
   
   However, the employee is required to provide you with written information supporting their request within 15 days of your request.
   
   The information you receive from the employee may include the diagnosis of a disability and the period of incapacity that requires the employee to take time off work.
   
   Keep in mind that the employee doesn't have to be rendered completely incapable – merely unable to complete basic job functions even with reasonable accommodation.
   
   You also have the right to identify the employee's healthcare provider and determine whether they are qualified to make the diagnosis or provide the medical opinion that they have.
2. 2

   Step 2: Get a copy of the FMLA certification form.

   The U.S.
   
   Department of Labor (DOL) provides a certification form that includes all information necessary to certify an employee's disability for FMLA purposes.You can get a copy of the form easily by downloading the PDF from the DOL's website.
   
   Then you can print it up and give it to the employee, or send it directly to the employee's healthcare provider.
   
   Keep in mind that federal medical privacy laws limit the amount and type of information you can get from the employee's doctor about that employee's disability.
   
   Using the form is the easiest way to ensure that you're getting all the information you have the right to have under the FMLA without violating your employee's privacy. , You can send the FMLA form directly to the employee's healthcare provider who treats them for the disability claimed.
   
   You also have the option of giving the form to the employee and having them give it to their doctor.To make it easier to verify the doctor's certification, you typically want to send the form directly to their office rather than going through your employee.
   
   Even if the employee takes the form to their doctor, you also can request that the doctor's office send the completed form directly to you.
   
   While you cannot communicate directly with the doctor about the employee's disability, they can complete this form with the employee's consent. , While health privacy laws prevent you from communicating with an employee's doctor directly to discuss their disability, you can seek clarification or contact the doctor's office to verify that the form is not a fraud.This is particularly important if the doctor's certification came from the employee.
   
   You have no way of knowing if the form was actually completed and signed by the doctor, or was forged by the employee.
   
   Be sure you're following the federal privacy regulations that govern the disclosure of confidential medical information.
   
   You may want to consult an attorney if you're unsure of your rights in this area.
   
   For example, you may want to verify that the signature is legitimate, or seek guidance on how to read a physician's illegible handwriting.
   
   Generally, you need to speak to someone in the benefits or human resources department of the doctor's office or healthcare facility.
   
   A staff member can then speak to the doctor directly if needed. , If the employee has requested an indefinite period of leave, you have the right under the FMLA to request the employee to provide updates on their condition from the healthcare provider who is treating them.You can't ask for these updates, however, if the employee provides a specific end-date with their leave request, and does not ask to have the leave extended beyond that amount originally granted.
   
   You only have the right under FMLA to ask for additional certification if no specific end-date was identified in the employee's original leave request.
   
   You also may require periodic testing or examinations after the employee returns to work, if their disability has ongoing consequences or continues to affect their ability to do their job.
   
   This is particularly true for employees, such as firefighters or police officers, whose disability also may impact the public safety.
   
   Whatever monitoring or exams you require must be job-related and a matter of business necessity, whether to provide accommodation or protect other employees or members of the public.
3. 3

   Step 3: Send the FMLA certification form to the employee's doctor.

4. 4

   Step 4: Contact the doctor's office to authenticate the certification.

5. 5

   Step 5: Require periodic updates.

Detailed Guide

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