Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-38 - Authentication and clarification of medical certification for leave taken because of an employee's own serious health condition or the serious health condition of a family member; second and third opinions (29 CFR Section 825.307)

Current through July 10, 2024
(a)
Clarification and authentication.
If an employee submits a
			 complete and sufficient certification signed by the health care provider, the
			 employer may not request additional information from the health care provider.
			 However, the employer may contact the health care provider for purposes of
			 clarification and authentication of the medical certification (whether initial
			 certification or recertification) after the employer has given the employee an
			 opportunity to cure any deficiencies as set forth in section
			 31-51rr-36(c) of
			 the Regulations of Connecticut State Agencies. To make such contact, the
			 employer shall use a health care provider, a human resources professional, a
			 leave administrator, or a management official. Under no circumstances, however,
			 may the employee's direct supervisor contact the employee's health care
			 provider. For purposes of these regulations, "authentication" means providing
			 the health care provider with a copy of the certification and requesting
			 verification that the information contained on the certification form was
			 completed and/or authorized by the health care provider who signed the
			 document; no additional medical information may be requested. "Clarification"
			 means contacting the health care provider to understand the handwriting on the
			 medical certification or to understand the meaning of a response. Employers may
			 not ask health care providers for additional information beyond that required
			 by the certification form. The requirements of the federal Health Insurance
			 Portability and Accountability Act of 1996 (HIPAA) Privacy Rule (
see
45 CFR parts 160 and 164), which governs the privacy of
			 individually-identifiable health information created or held by HIPAA-covered
			 entities, shall be satisfied when individually-identifiable health information
			 of an employee is shared with an employer by a HIPAA-covered health care
			 provider. If an employee chooses not to provide the employer with authorization
			 allowing the employer to clarify the certification with the health care
			 provider, and does not otherwise clarify the certification, the employer may
			 deny the taking of FMLA leave if the certification is unclear. It is the
			 employee's responsibility to provide the employer with a complete and
			 sufficient certification and to clarify the certification if
			 necessary.
(b)
Second
			 opinion
.
(1) An employer who has reason
			 to doubt the validity of a medical certification may require the employee to
			 obtain a second opinion at the employer's expense. Pending receipt of the
			 second (or third) medical opinion, the employee is provisionally entitled to
			 the benefits of the Act, including maintenance of group health benefits. If the
			 certifications do not ultimately establish the employee's entitlement to FMLA
			 leave, the leave shall not be designated as FMLA leave and may be treated as
			 paid or unpaid leave under the employer's established leave policies. In
			 addition, the consequences set forth in section
			 31-51rr-36(d) of
			 the Regulations of Connecticut State Agencies will apply if the employee or the
			 employee's family member fails to authorize his or her health care provider to
			 release all relevant medical information pertaining to the serious health
			 condition at issue if requested by the health care provider designated to
			 provide a second opinion in order to render a sufficient and complete second
			 opinion.
(2) The employer is
			 permitted to designate the health care provider to furnish the second opinion,
			 but the selected health care provider may not be employed on a regular basis by
			 the employer. The employer may not regularly contract with or otherwise
			 regularly utilize the services of the health care provider furnishing the
			 second opinion unless the employer is located in an area where access to health
			 care is extremely limited, such as a rural area where no more than one or two
			 doctors practice in the relevant specialty in the vicinity.