
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC2613]

 
                             TITLE 29--LABOR
 
                  CHAPTER 28--FAMILY AND MEDICAL LEAVE
 
              SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
 
Sec. 2613. Certification


(a) In general

    An employer may require that a request for leave under subparagraph 
(C) or (D) of section 2612(a)(1) of this title be supported by a 
certification issued by the health care provider of the eligible 
employee or of the son, daughter, spouse, or parent of the employee, as 
appropriate. The employee shall provide, in a timely manner, a copy of 
such certification to the employer.

(b) Sufficient certification

    Certification provided under subsection (a) of this section shall be 
sufficient if it states--
        (1) the date on which the serious health condition commenced;
        (2) the probable duration of the condition;
        (3) the appropriate medical facts within the knowledge of the 
    health care provider regarding the condition;
        (4)(A) for purposes of leave under section 2612(a)(1)(C) of this 
    title, a statement that the eligible employee is needed to care for 
    the son, daughter, spouse, or parent and an estimate of the amount 
    of time that such employee is needed to care for the son, daughter, 
    spouse, or parent; and
        (B) for purposes of leave under section 2612(a)(1)(D) of this 
    title, a statement that the employee is unable to perform the 
    functions of the position of the employee;
        (5) in the case of certification for intermittent leave, or 
    leave on a reduced leave schedule, for planned medical treatment, 
    the dates on which such treatment is expected to be given and the 
    duration of such treatment;
        (6) in the case of certification for intermittent leave, or 
    leave on a reduced leave schedule, under section 2612(a)(1)(D) of 
    this title, a statement of the medical necessity for the 
    intermittent leave or leave on a reduced leave schedule, and the 
    expected duration of the intermittent leave or reduced leave 
    schedule; and
        (7) in the case of certification for intermittent leave, or 
    leave on a reduced leave schedule, under section 2612(a)(1)(C) of 
    this title, a statement that the employee's intermittent leave or 
    leave on a reduced leave schedule is necessary for the care of the 
    son, daughter, parent, or spouse who has a serious health condition, 
    or will assist in their recovery, and the expected duration and 
    schedule of the intermittent leave or reduced leave schedule.

(c) Second opinion

                           (1) In general

        In any case in which the employer has reason to doubt the 
    validity of the certification provided under subsection (a) of this 
    section for leave under subparagraph (C) or (D) of section 
    2612(a)(1) of this title, the employer may require, at the expense 
    of the employer, that the eligible employee obtain the opinion of a 
    second health care provider designated or approved by the employer 
    concerning any information certified under subsection (b) of this 
    section for such leave.

                           (2) Limitation

        A health care provider designated or approved under paragraph 
    (1) shall not be employed on a regular basis by the employer.

(d) Resolution of conflicting opinions

                           (1) In general

        In any case in which the second opinion described in subsection 
    (c) of this section differs from the opinion in the original 
    certification provided under subsection (a) of this section, the 
    employer may require, at the expense of the employer, that the 
    employee obtain the opinion of a third health care provider 
    designated or approved jointly by the employer and the employee 
    concerning the information certified under subsection (b) of this 
    section.

                            (2) Finality

        The opinion of the third health care provider concerning the 
    information certified under subsection (b) of this section shall be 
    considered to be final and shall be binding on the employer and the 
    employee.

(e) Subsequent recertification

    The employer may require that the eligible employee obtain 
subsequent recertifications on a reasonable basis.

(Pub. L. 103-3, title I, Sec. 103, Feb. 5, 1993, 107 Stat. 11.)

                  Section Referred to in Other Sections

    This section is referred to in section 2612 of this title; title 2 
section 1312; title 3 section 412.
