Legal Question in Medical Leave in Maryland

FMLA certifcations

Is it legal for an employer to request medical certification for maternity leave? Is it legal to require documentation to verify adoption or foster placement?


Asked on 7/18/07, 10:19 am

1 Answer from Attorneys

Re: FMLA certifications

Yes. There is a "medical certification" form called the wh-380 put out by DOL that most employers give their employees to use for medical, birth and family health matters. If yours didn't, download it at http://www.dol.gov/esa/regs/compliance/whd/fmla/wh380.pdf and have your doctor use that. It limits the medical information while allowing the employer to have the condition and need for leave verified.

But if this is an adoption or foster situation, just have your attorney or agency verify in writing that you are adopting, tell the employer what leave you need for the adoption as it arises (it includes attending prenatal visits, legal matters such as meeting with attorneys and agencies, and bonding with the child after bringing him/her home. If the leave is for "bonding" later on after you return to work, it is discretionary whether the employer approves it or not under FMLA protection. Of course, you can always request vacation leave if you have it. All birth/adoption/foster leave under the FMLA ends within 1 year after the birth/adoption/foster event.) If the employer wants you to put your leave request in writing, that's fine (although they should apply the same leave rules as they do in other situations). Just say something like "1 day to attend court" or "4 weeks maternity to stay with child".

Good luck and congratulations!

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Answered on 7/19/07, 12:02 am


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