Get Certification Of Health Care Provider For Employee's Serious Health Condition - Absence Management

Whether an employee is on continuous or intermittent leave, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) restrict sharing information about the employee in virtually the same way and emphasize keeping medical information confidential.

May an Employer Deny FMLA Leave to a Key Employee? No. An employer may not deny FMLA leave to a key employee. An employer may, however, deny a key employee reinstatement to their job once FMLA leave concludes.

Family member's serious health condition, form WH-380-F – use when a leave request is due to the medical condition of the employee's family member. Help for health care providers – This flier guides healthcare providers through FMLA rules concerning medical certifications.

What is a key employee? Under FMLA statutes, a key employee is defined as a salaried employee who is among the highest-paid 10 percent of all workers employed by the employer within 75 miles of the employee's worksite.

Employees are eligible if they have worked for their employer for 1,250 hours in the previous 12-month period. CFRA has unique allowances regarding time and manner in which leave is taken involving birth, adoption or placement in foster care.

Key Employees and Their Rights. Under certain circumstances, an employer may deny job restoration to "key employees." A "key employee" is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite.

Serious health condition means an illness, injury, impairment, or physical or mental condition which requires: Overnight hospitalization (including prenatal care), including the period of incapacity or subsequent treatment in connection with the overnight care.

Section 101(11) of FMLA defines serious health condition as "an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential medical care facility; or. continuing treatment by a health care provider.”