Section 4-1615. CLAIMS FOR LEAVE-MEDICAL CERTIFICATION

1615.1 An employer may require that an employee support a claim for family leave under the DCFMLA for the care of a family member who has a serious health condition by submitting a medical certification issued by the family member’s health care provider.

 

1615.2 An employer may require that a claim for medical leave under the DCFMLA for an eligible employee who has a serious health condition be supported by a medical certification issued by the employee’s health care provider.  If the employee’s employer requests such a certification, the employee shall submit the requested certification to the employer within fifteen (15) days, unless it is not practicable for the employee to do so under the particular circumstances, despite the employee’s diligent, good-faith efforts.  For example, if the employee has diligently submitted the certification request to the employee’s health care provider in a timely manner, but the employee’s health care provider has not returned the completed certification before the fifteen (15) day deadline, the employee may need additional time to communicate with the health care provider regarding the need to return the completed certification or to see another health care provider who can complete the certification.

 

1615.3 The medical certification shall state the following:

 

(a)     The date on which the serious health condition began, or is expected to begin; 

 

(b)     The probable duration of the condition; 

 

(c)     The appropriate medical facts known to the health care

provider that would entitle the eligible employee to leave under the DCFMLA; and 

 

(d)     For purposes of medical leave, a statement that the employee

is unable to perform the essential functions of the employee’s position; or, for purposes of family leave, an estimate of the amount of time that the employee is needed to care for the family member.

 

1615.4The certification shall not include any genetic information or family medical history of the employee or the employee’s family members. An employer shall not require, and an employee is under no obligation to provide, genetic information or family medical history of the employee or the employee’s family members.

 

1615.5If the employer believes that the medical certification returned by an employee does not provide the information required by § 1615.3, the employer shall notify the employee, in writing, of the missing or deficient information within five (5) days of receipt of the medical certification.  The employee shall then have ten (10) days to correct the certification by providing the missing or deficient information to the employer, unless it is not practicable for the employee to do so, despite the employee’s diligent good-faith efforts.

 

1615.6If the employer has reason to doubt the validity of the certification provided under this section, the employer may require that the employee obtain, at the expense of the employer, the opinion of a second health care provider approved by the employer, in regard to any information required to be certified.

 

1615.7If the second opinion provided under this subsection differs from the original certification provided for in this section, the employee may obtain the opinion of a third health care provider mutually agreed upon by the employer and the employee, in regard to any information required to be certified under this section. The employer shall pay the cost of the opinion of the third health care provider.  The third health care provider approved or mutually agreed upon by the employer and employee may not be a health care provider retained on a regular basis by the employer or employee, or a health care provider who otherwise bears such a close relationship to the employer or employee that there would be the appearance that the certification is biased.

 

1615.8The opinion of the third health care provider shall be final and binding on the employer and employee.

 

1615.9The employer may require that the employee obtain subsequent

recertifications if:

 

(a)       The employee requests an extension of leave or a different type or

frequency of leave, beyond what the employee requested in the

employee’s initial certification or request for DCFMLA leave;

 

(b)      The employer obtains new information which causes it to doubt the   

     validity of the employee’s stated reason for the leave or the

     continuing validity of the certification; or

 

(c) More than six (6) months has passed since the employee previously submitted a certification for the leave.

 

1615.10Certification information requested under this section shall be used

only to make a decision in regard to the provisions of this chapter. An employer shall keep any medical information obtained from a certification request confidential.  

 

1615.11For family leave under the DCFMLA for the care of a family member who has a serious health condition, in addition to requiring submission of a medical certification, an employer may require that an employee support a claim for family leave by submitting a signed affidavit stating that the employee is, in fact, the person who will be taking care of the specific family member with the serious health condition.

 

authority

The Director of the Office of Human Rights, pursuant to section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c)), and Mayor’s Order 2009-45, dated March 31, 2009.

source

Notice of Final Rulemaking published at 57 DCR 10788, 10806 (November 19, 2010).