If an employee is requesting unpaid leave due to the serious health condition of a family member or his or her own serious health condition, the employee must submit a written certification from a health care provider. The employee must provide the requested certification to the College within 15 days after receipt of the certification paperwork, unless it is not practical under the particular circumstances to do so despite the employee’s good faith efforts. If an employee fails to provide certification within 15 days, and there are no special circumstances, the beginning and/or continuation of the employee’s leave will be treated as a non-FMLA absence under the College’s usual attendance policies until the employee provides the certification. If the medical certification is incomplete or lacking information, the employee will be notified in writing of the deficiency and will have 7 calendar days to cure the deficiency.
The College may require second or third opinions at its expense (except in the case of certifications for Caregiver Military Leave completed by health care providers affiliated with the Departments of Defense or Veterans Affairs or the TRICARE network).
To take FMLA leave on a reduced leave schedule or on an intermittent basis, the written certification from the health care provider must confirm the medical necessity of such a request. Employees must also inform the College if the requested leave is for a reason for which FMLA leave was previously taken or certified.
All employees returning from FMLA leave for their own serious health condition must provide medical certification of their fitness to return to work before they actually begin working. In addition, employees may be required to provide periodic recertification during their FMLA leave, but will not be required to do so for Military Family Leave to care for a covered service member.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of employees or their family members, except as specifically allowed by GINA. In order to comply with this law, employees and their health care providers should not provide any genetic information when responding to a request for medical information. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.