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.
- Make sure two representatives are present during termination meetings
- Tell it to HR: Your hair's too big and I don't like your aura
- Firing employees on FMLA leave: Occasionally legal, usually unwise
- New FMLA regs in effect: Update your military leave policy
- New risk: Workers can claim retaliation even if there's no adverse job action