Certification of Leave for Employee’s Health Condition

(a)An employer may require that an employee’s request for leave because of the employee’s own serious health condition be supported by a certification issued by his or her health care provider. That certification shall be sufficient if it includes all of the following:

(1)The date on which the serious health condition commenced;

(2)The probable duration of the condition; and

(3)A statement that, due to the serious health condition, the employee is unable to perform the functions of his or her position. COL08222024 CH. 3 FAIR LABOR STANDARDS

(b)The employer may require that the employee obtain subsequent recertification regarding the employee’s serious health condition on a reasonable basis, in accordance with the procedure provided in Subsection

(a)of this Section, if additional leave is required.

(c)In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this Section, the employer may require, at the employer’s expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under Subsection

(a)of this Section.

(d)The second health care provider designated or approved under Subsection

(c)of this Section shall not be employed on a regular basis by the employer.

(e)In any case in which the second opinion described in Subsection

(c)of this Section differs from the opinion in the original certification, 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, concerning the information certified under Subsection

(a)of this Section.

(f)The opinion of the third health care provider concerning the information certified under Subsection

(a)of this Section shall be considered to be final and shall be binding on the employer and the employee.

(g)As a condition of an employee’s return from leave taken because of the employee’s own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from the employee’s health care provider that the employee is able to resume work. Nothing in this Subsection shall supersede a valid collective bargaining agreement that governs the return to work of that employee.