Certification of Health Care Provider for Employee's Serious Health Condition Under the Family and Medical Leave Act - Delaware

Certification of Health Serious Health Condition Under the Family and Medical Leave Act is a legal document that was released by the Delaware Department of Human Resources - a government authority operating within Delaware.

FAQ

Q: Who is eligible for Family and Medical Leave Act (FMLA) in Delaware?
A: Employees who have worked for at least 12 months and have worked a minimum of 1,250 hours in the past 12 months.

Q: What is a serious health condition under the FMLA?
A: A serious health condition is an illness, injury, impairment, or physical or mental condition that requires inpatient care or continuing treatment by a health care provider.

Q: Does FMLA guarantee paid leave?
A: No, FMLA provides eligible employees with up to 12 weeks of unpaid leave per year.

Q: What is the purpose of the Certification of Health Care Provider form?
A: The form is used to establish an employee's eligibility for FMLA leave based on a serious health condition and to provide the necessary medical information to support the leave request.

Q: Who can complete the Certification of Health Care Provider form?
A: Health care providers including doctors, nurse practitioners, or physician assistants can complete the form.

Q: Can an employer request a second opinion on the Certification of Health Care Provider?
A: Yes, the employer may request a second opinion at the employer's expense if they have reason to doubt the validity of the initial certification.

Q: What happens if an employee fails to provide a complete and sufficient Certification of Health Care Provider?
A: If the employee fails to provide a complete and sufficient certification, the employer may deny the FMLA leave request.

Q: Can an employer contact the health care provider to clarify or authenticate the Certification of Health Care Provider?
A: Yes, the employer may contact the health care provider to clarify or authenticate the certification, but should follow certain restrictions and guidelines.

Q: Is the Certification of Health Care Provider confidential?
A: Yes, the certification and any medical information obtained must be kept confidential and should not be disclosed to others in the workplace.

Q: What happens after the employee returns from FMLA leave?
A: Upon returning from FMLA leave, the employee is entitled to be reinstated to the same position or an equivalent position with the same benefits, pay, and working conditions.