Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-30 - When shall an employee provide medical certification to support FMLA leave?

Current through July 10, 2024
(a)
General.
An employer may require that an employee's leave for his
			 or her own serious health condition or to care for the employee's family member
			 with a serious health condition, be supported by a certification issued by the
			 health care provider of the employee or the employee's family member. An
			 employer may also require that an employee's leave because of a qualifying
			 exigency, as described in section 31-51qq-49 of the Regulations of Connecticut
			 State Agencies, or for military caregiver leave be supported by a
			 certification, as described in sections 31-51qq-51 and 31-51qq-52 of the
			 Regulations of Connecticut State Agencies, respectively. An employer shall give
			 written notice of a requirement for medical certification each time a
			 certification is required.
(b)
Timing.
The employer shall allow the employee at least fifteen
			 (15) calendar days after the employee's receipt of the request for
			 certification to provide such certification to the employer, unless it is not
			 practicable under the particular circumstances to do so despite the employee's
			 diligent, good faith efforts and the employee has notified the employer of the
			 need for additional time.
(c) In
			 most cases, the employer shall request that an employee furnish certification
			 from a health care provider at the time the employee gives notice of the need
			 for leave or not later than five (5) business days thereafter, or, in the case
			 of unforeseen leave, not later than five (5) business days after the leave
			 commences. The employer may request certification or recertification at some
			 later date if the employer has reason to question the appropriateness of the
			 leave or its duration.
(d)
Complete and sufficient certification.
The employee shall provide
			 a complete and sufficient certification to the employer if required by the
			 employer in accordance with this section and sections 31-51qq-51 and 31-51qq-52
			 of the Regulations of Connecticut State Agencies. The employer shall advise an
			 employee whenever the employer finds a certification incomplete or insufficient
			 and shall state in writing what additional information is necessary to make the
			 certification complete and sufficient. A certification is considered incomplete
			 if the employer receives a certification, but one (1) or more of the applicable
			 entries have not been completed. A certification is considered insufficient if
			 the employer receives a complete certification, but the information provided is
			 vague, ambiguous, or non-responsive. The employer shall provide the employee
			 with seven (7) calendar days, unless not practicable under the particular
			 circumstances despite the employee's diligent good faith efforts, to cure any
			 such deficiency and the employee has notified the employer of the need for
			 additional time. If the deficiencies specified by the employer are not cured in
			 the resubmitted certification, the employer may deny the taking of FMLA leave.
			 A certification that is not returned to the employer is not considered
			 incomplete or insufficient but rather constitutes a failure to provide
			 certification.
(e)
Consequences.
At the time the employer requests certification, the
			 employer shall also advise an employee of the anticipated consequences of an
			 employee's failure to provide adequate certification. If the employee fails to
			 provide the employer with a complete and sufficient certification, despite the
			 opportunity to cure the certification as provided in subsection (d) of this
			 section, or fails to provide any certification, the employer may deny the
			 taking of FMLA leave.
(f)
Annual medical certification.
Where the employee's need for leave
			 due to the employee's own serious health condition or the serious health
			 condition of the employee's covered family member, lasts beyond a single leave
			 year, the employer may require the employee to provide a new medical
			 certification in each subsequent leave year. Such new medical certifications
			 are subject to the provisions for clarification and authentication set forth in
			 section
			 31-51qq-32
			 of the Regulations of Connecticut State Agencies, including second and third
			 opinions.