Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-32 - What may an employer do if it questions the adequacy of a medical certificate for leave taken because of an employee's own serious health condition or the serious health condition of a family member?

Current through July 10, 2024
Clarification and authentication.
(1) For purposes of sections
			 31-51qq-1
			 to 31-51qq-52, inclusive, of the Regulations of Connecticut State Agencies,
			 "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 or authorized by the health care provider who
			 signed the document; no additional medical information may be
			 requested.
(2) For purposes of
			 sections
			 31-51qq-1
			 to 31-51qq-52, inclusive, of the Regulations of Connecticut State Agencies,
			 "clarification" means contacting the health care provider, with the employee's
			 permission, to understand the handwriting on the medical certification or to
			 understand the meaning of a response.
(3) If an employee submits a complete and
			 sufficient certification signed by the health care provider, the employer may
			 not request additional information from the employee's health care provider.
			 However, the employer may contact the employee's health care provider for
			 purposes of clarification or authentication of the medical certification
			 (whether it is an initial certification or a recertification) after the
			 employer has given the employee an opportunity to cure any deficiencies. The
			 employer shall use a health care provider, a human resources professional, a
			 leave administrator, or a management official to make such contact. The
			 employee's direct supervisor shall not contact the employee's health care
			 provider under any circumstances. If an employee chooses not to provide the
			 employer with authorization allowing the employer to clarify the certification
			 with the employee's 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. The FMLA does not prevent the employer or a
			 representative of the employer from having direct contact with the employee's
			 health care provider in order to follow the procedures for requesting medical
			 information under the ADA, FEPA, workers' compensation law or disability plan,
			 subject to the provisions of subsections (c) and (d) of section
			 31-51qq-31
			 of the Regulations of Connecticut State Agencies.
(b)
Second opinion.
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. 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. The employer may 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 use the services of the
			 health care provider providing the second opinion, unless the employer is
			 located in an area where access to health care is extremely limited, for
			 example, a rural area where no more than one (1) or two (2) doctors practice in
			 the relevant specialty in the vicinity.
(c)
Third opinion.
If the
			 opinions of the employee's and the employer's designated health care providers
			 differ, the employer may require the employee to obtain certification from a
			 third health care provider, again at the employer's expense. This third opinion
			 shall be final and binding. The employer and employee shall designate or
			 jointly approve the third health care provider. The employer and the employee
			 shall each act in good faith to attempt to reach agreement on whom to select
			 for the third opinion provider. If the employer does not attempt in good faith
			 to reach agreement, the employer shall be bound by the first certification. If
			 the employee does not attempt in good faith to reach agreement, the employee
			 shall be bound by the second certification. For example, an employee who
			 refuses to agree to see a doctor in the specialty in question may be failing to
			 act in good faith. On the other hand, an employer that refuses to agree to any
			 doctor on a list of specialists in the appropriate field provided by the
			 employee and whom the employee has not previously consulted may be failing to
			 act in good faith.
(d)
Copies
			 of opinions.
The employer shall provide the employee with a copy of the
			 second and third medical opinions, where applicable, upon request by the
			 employee. The employer shall provide the requested copies not later than five
			 (5) business days after such request, unless extenuating circumstances prevent
			 such action.
(e)
Travel
			 expenses.
If the employer requires the employee to obtain either a
			 second or third opinion, the employer shall reimburse an employee or family
			 member for any reasonable "out of pocket" travel expenses incurred to obtain
			 the second and third medical opinions. The employer may not require the
			 employee or family member to travel outside normal commuting distance for
			 purposes of obtaining the second or third medical opinions except in very
			 unusual circumstances.
(f)
Medical certification abroad.
In circumstances when the employee
			 or a family member is visiting in another country, or a family member resides
			 in another country, and a serious health condition develops, the employer shall
			 accept a medical certification as well as second and third opinions from a
			 health care provider who practices in that country. Where a certification by a
			 foreign health care provider is in a language other than English, the employee
			 shall provide the employer with a written translation of the certification upon
			 request.