Q. When one of our employees requested
Having it would help HR administer leave and possibly accommodate any of the employee’s medical limitations. Can we seek clarification from the health care provider? Can we request the additional information not covered on the medical certification form?
A. Under the new , an employer is allowed to contact the health care provider to seek clarification, understand the health care provider’s handwriting and understand the meaning of a response. The employer, however, must first obtain consent for this contact from the employee, as required by the HIPAA.
Nevertheless, the FMLA expressly prohibits an employer from asking a health care provider for additional information beyond that required by the medical certification form.
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