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FMLA / CFRA Certification Requirements 

FMLA Certification
Under FMLA (Family Medical Leave Act) and CFRA (California Family Rights Act), the employer may require an employee to submit a certification by the employee’s health care provider to confirm the existence of the medical condition, qualifying for FMLA or CFRA medical leave. The certification “shall be sufficient if it includes all of the following: (a) the date on which the serious health condition commenced; (b) the likely duration of condition; and (c) a statement that, due to the serious health condition, the employee is unable to perform the function of his/her work position. Cal. Gov. Code section 12945.2(k)(1).

Clearly, the above law provides that the privacy rights of the employee’s medical condition have to be protected, and that the FMLA/CFRA certification should be general enough to avoid disclosure of sensitive medical information, such as an employee’s specific medical condition and diagnosis when not immediately relevant to the request for medical leave. This can be particularly important if the employee is about to undergo a politically/socially controversial procedure such as vasectomy or abortion, or if the employees has a condition that carries a certain social stigma, such as any sexually transmitted disease, including HIV.  No employee would be interested in having his relationships with co-workers and superiors affected by undergoing a procedure that some people oppose on moral, political or religious grounds. After all, it is not uncommon that revealing such sensitive information give rise to conflicts at work place and even harassment and discrimination.

An employer who “has a reason to doubt the validity of “the employee’s health certification “may require, at the employer’s expense, that the employee obtain the opinion of a second healthcare provider, designated or approved by the employer, concerning any information certified. If there is a difference in opinion between the two evaluations, the employer may require, at the employer’s expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee. In that case, the opinion of the third provider will be binding on the employer and the employee. Cal. Gov. Code section 12945.2(k)(3)(D).

During the employee’s medical leave, the employer must continue to provide the employee with health benefits, and upon return to work, the employee must be given the same seniority as before the leave was taken. Cal. Gov. Code section 12945.2(g).  To make sure that your FMLA request is properly written, please refer to our suggested FMLA Request Form. 

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Law Office of Arkady Itkin

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case