FMLA Clinical Documentation & Records 2 — Questions and Answers
Question 1: Under FMLA regulations, what is the maximum time an employer may take to provide a designation notice after receiving a completed medical certification?
- 2 business days
- 5 business days (Correct answer)
- 15 calendar days
- 30 calendar days
Correct answer: 5 business days
After receiving sufficient information to designate FMLA leave, the employer must provide the designation notice (WH-382) within 5 business days per 29 CFR 825.300(d).
Per 29 CFR 825.300(d), after receiving sufficient information to designate FMLA leave, the employer must provide the designation notice (WH-382) within 5 business days. The 15-calendar-day window applies to employees returning completed certifications. Employers must act promptly once they have the completed form.
Question 2: Which DOL form is used when an employee requests FMLA leave to care for a family member with a serious health condition?
- WH-380-E
- WH-380-F (Correct answer)
- WH-381
- WH-384
Correct answer: WH-380-F
DOL Form WH-380-F (Certification of Health Care Provider for Family Member Serious Health Condition) is used when the leave is to care for a covered family member.
The DOL provides two separate certification forms: WH-380-E for the employee's own serious health condition and WH-380-F for a family member's condition. WH-381 is the Notice of Eligibility and Rights and Responsibilities, and WH-384 is for military caregiver leave. Using the correct form ensures proper documentation.
Question 3: An employee's FMLA medical certification states a need for intermittent leave 'as needed.' What action should the administrator take?
- Accept the certification as sufficient
- Request a second opinion immediately
- Contact the health care provider to clarify the frequency and duration of absences (Correct answer)
- Deny the intermittent leave request
Correct answer: Contact the health care provider to clarify the frequency and duration of absences
When a certification is vague about frequency or duration of intermittent leave, the employer may contact the health care provider through HR or management, not the direct supervisor, to clarify or authenticate the information.
Per 29 CFR 825.307, if the certification is incomplete or unclear, the employer must notify the employee in writing and allow 7 calendar days to cure the deficiency. The employer may also contact the health care provider directly, not through the employee's direct supervisor, to authenticate or clarify, but may not request additional information beyond the form's scope.
Question 4: For what minimum period must employers retain FMLA medical records and certifications?
- 1 year
- 2 years
- 3 years (Correct answer)
- 7 years
Correct answer: 3 years
FMLA regulations (29 CFR 825.500) require employers to maintain FMLA-related records, including medical certifications, for at least 3 years.
Employers must keep FMLA records for no less than 3 years and make them available for inspection by DOL representatives. Medical records must be stored separately from regular personnel files and kept confidential under the ADA and FMLA.
Question 5: An employer suspects a fraudulent FMLA certification. What is the correct first step under FMLA regulations?
- Terminate the employee for abuse
- Request a second opinion from a health care provider selected by the employer (Correct answer)
- Contact the DOL to file a complaint
- Deny the leave without investigation
Correct answer: Request a second opinion from a health care provider selected by the employer
If an employer doubts the authenticity of a medical certification, the employer may require a second opinion at its own expense by sending the employee to a health care provider of the employer's choosing, not one regularly used by the employer.
Per 29 CFR 825.307(b), the employer pays for the second opinion. If the first and second opinions conflict, the employer may require a third opinion from a jointly agreed-upon provider, whose decision is final and binding. Discipline before completing this process exposes the employer to interference claims.
Question 6: What information is the employer prohibited from seeking on an FMLA medical certification form?
- Expected duration of incapacity
- Whether hospitalization is required
- The specific diagnosis or name of the serious health condition (Correct answer)
- Whether the employee can perform essential job functions
Correct answer: The specific diagnosis or name of the serious health condition
Employers may not request a specific diagnosis on the FMLA certification form. The form asks for medical facts sufficient to determine whether a serious health condition exists, but not the specific diagnosis.
29 CFR 825.306 specifies that employers may ask about the nature and duration of incapacity and ability to perform job functions, but they may not require disclosure of the specific diagnosis. This distinction helps protect employee medical privacy while still allowing employers to verify leave legitimacy.
FMLA Clinical Documentation & Records 2
Under FMLA regulations, what is the maximum time an employer may take to provide a designation notice after receiving a completed medical certification?