Maryland FMLA Certification of Physician
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FAQ
Under MFLA, insurance provided under Employee Retirement Income Security Act plan, workers and unemployment compensation benefits; and disability benefits are excluded from "leave with pay." Only those employees who are primarily employed in the state are covered.
The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.
Under the FMLA, eligible employees can take up to 12 workweeks of leave per 12-month periods without losing their job or health insurance. The guaranteed leave can be unpaid, and any paid leave can run concurrent to the FMLA leave at the employer's discretion.
Fill out Section 2 of the form. If you are completing form WH-380-F, you will be required to provide information about the family member you are caring for during FMLA leave; such as their full name, your relationship to one another, and a description of your methods for providing care for that person.
You do not have to tell your employer your diagnosis, but you do need to provide information indicating that your leave is due to an FMLA-protected condition (for example, stating that you have been to the doctor and have been given antibiotics and told to stay home for four days).
Form WH 380-E, Certification of Health Care Provider for Employee's Serious Health Condition, is a form used by employers and sent to the US Department of Labor, Wages and Hour Division. This form verifies that an employee has a serious medical condition.
Eligible employees qualify for FMLA leave for any of the following purposes: The birth of a child or, within one year of birth, to bond with the child. Mothers and fathers have the same rights. Only continuous leave is required, but employers can allow intermittent leave.
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12
No. An employer cannot require a physician's note every time an employee misses work while taking FMLA intermittent leave. The term physician's note is not referenced in the FMLA; recertification, however, is.
According to the Equal Employment Opportunity Commission which enforces the ADA employers can have a policy requiring all employees provide doctor's notes to substantiate a disability, request reasonable accommodations or prove the need for leave.
