
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: 5USC6383]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                 SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
 
Sec. 6383. Certification

    (a) An employing agency may require that a request for leave under 
subparagraph (C) or (D) of section 6382(a)(1) be supported by 
certification issued by the health care provider of the 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 employing agency.
    (b) A certification provided under subsection (a) 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 6382(a)(1)(C), a 
    statement that the 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 such son, daughter, spouse, or 
    parent; and
        (B) for purposes of leave under section 6382(a)(1)(D), a 
    statement that the employee is unable to perform the functions of 
    the position of the employee; and
        (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.

    (c)(1) In any case in which the employing agency has reason to doubt 
the validity of the certification provided under subsection (a) for 
leave under subparagraph (C) or (D) of section 6382(a)(1), the employing 
agency may require, at the expense of the agency, that the employee 
obtain the opinion of a second health care provider designated or 
approved by the employing agency concerning any information certified 
under subsection (b) for such leave.
    (2) Any health care provider designated or approved under paragraph 
(1) shall not be employed on a regular basis by the employing agency.
    (d)(1) In any case in which the second opinion described in 
subsection (c) differs from the original certification provided under 
subsection (a), the employing agency may require, at the expense of the 
agency, that the employee obtain the opinion of a third health care 
provider designated or approved jointly by the employing agency and the 
employee concerning the information certified under subsection (b).
    (2) The opinion of the third health care provider concerning the 
information certified under subsection (b) shall be considered to be 
final and shall be binding on the employing agency and the employee.
    (e) The employing agency may require, at the expense of the agency, 
that the employee obtain subsequent recertifications on a reasonable 
basis.

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107 Stat. 
21.)

                  Section Referred to in Other Sections

    This section is referred to in section 6382 of this title; title 2 
section 1371.
