At My Dr’s Note, we recognize the challenge of having your FMLA certification completed by a medical provider. If you are among the estimated 100 million Americans without a primary care physician the challenge can seem overwhelming. This is why we have launched our online FMLA certification service to make this process easier for you as the patient. Expect the same excellent and compassionate service you have come to expect with MY DR’S NOTE, but don’t take our word for it. Check out what our previous patients have said in our review sections. 

WHAT IS FMLA?

FMLA stands for the Family and Medical Leave Act. It is a federal law in the United States that provides eligible employees with job-protected leave for certain family and medical reasons. Here are some key points about FMLA:

1. Purpose: FMLA allows employees to take unpaid leave for specific reasons related to family and medical needs without the risk of losing their job or health insurance coverage.

2. Eligibility: To be eligible, employees must work for a covered employer (typically private-sector employers with 50 or more employees, and public agencies regardless of size) and have worked for the employer for at least 12 months (not necessarily consecutive), and have worked a minimum number of hours during the previous 12 months.

3. Reasons for Leave: FMLA can be used for:
– Birth and care of a newborn child.
– Adoption or foster care placement of a child.
– Care for a spouse, child, or parent with a serious health condition.
– A serious health condition that makes the employee unable to perform their job.

4. Duration: Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for qualifying reasons. In certain circumstances, such as military caregiver leave, it can be extended to 26 weeks.

5. Job Protection: During FMLA leave, the employer must maintain the employee’s group health insurance coverage under the same terms as if the employee had continued to work. After FMLA leave, the employee generally has the right to return to the same job or an equivalent one.

FMLA is designed to balance the demands of the workplace with the needs of families, promoting stability and economic security for employees while accommodating legitimate employer interests.

Tips for success: 

Let your employer know as soon as possible that you will need to take FMLA protected leave.

In cases where you are requesting a FMLA leave, your employer may opt to approve your FMLA request at the time you ask OR they may require you to turn in a healthcare provider certification. If the latter case applies, the employer has 5 business days to communicate to you in writing for you to get the FMLA certification by a health care provider. Beyond the 5 days from the time you requested FMLA leave, your employer cannot require FMLA certification from a health care provider. They are then obligated to grant you the FMLA leave as long as you meet eligibility criteria.

If you receive notice from your employer to get a healthcare provider certification within 5 days of your initial request, you are given 15 days to have the certification completed. If you are having difficulty with the completion and you have been in communication with your employer, you may be given an additional 7 days, but this is not guaranteed.

On occasion, your employer may request a recertification. This is to show continued evidence that your serious health condition requires ongoing work absences. The recertification cannot be requested more than every 30 days.

The employer can approve or deny your FMLA certification. If denied, it will be for one of two reasons:

1. You have already exhausted your 12 week entitlement for FMLA Leave
2. More information is required to make a determination.

Please remember, to even be eligible for FMLA, both you and your employer need to meet all criteria as stated above