Sec.31-51qq-30. When shall an employee provide medical certification to support FMLA leave?

(a) General. An employer may require that an employee's leave for his or her own serious health condition or to care for the employee's family member with a serious health condition, be supported by a certification issued by the health care provider of the employee or the employee's family member. An employer may also require that an employee's leave because of a qualifying exigency, as described in section 31-51qq-49 of the Regulations of Connecticut State Agencies, or for military caregiver leave be supported by a certification, as described in sections 31-51qq-51 and 31-51qq-52 of the Regulations of Connecticut State Agencies, respectively. An employer shall give written notice of a requirement for medical certification each time a certification is required.

(b) Timing. The employer shall allow the employee at least fifteen (15) calendar days after the employee’s receipt of the request for certification to provide such certification to the employer, unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts and the employee has notified the employer of the need for additional time.

(c) In most cases, the employer shall request that an employee furnish certification from a health care provider at the time the employee gives notice of the need for leave or not later than five (5) business days thereafter, or, in the case of unforeseen leave, not later than five (5) business days after the leave commences. The employer may request certification or recertification at some later date if the employer has reason to question the appropriateness of the leave or its duration.

(d) Complete and sufficient certification. The employee shall provide a complete and sufficient certification to the employer if required by the employer in accordance with this section and sections 31-51qq-51 and 31-51qq-52 of the Regulations of Connecticut State Agencies. The employer shall advise an employee whenever the employer finds a certification incomplete or insufficient and shall state in writing what additional information is necessary to make the certification complete and sufficient. A certification is considered incomplete if the employer receives a certification, but one (1) or more of the applicable entries have not been completed. A certification is considered insufficient if the employer receives a complete certification, but the information provided is vague, ambiguous, or non-responsive. The employer shall provide the employee with seven (7) calendar days, unless not practicable under the particular circumstances despite the employee's diligent good faith efforts, to cure any such deficiency and the employee has notified the employer of the need for additional time. If the deficiencies specified by the employer are not cured in the resubmitted certification, the employer may deny the taking of FMLA leave. A certification that is not returned to the employer is not considered incomplete or insufficient but rather constitutes a failure to provide certification.

(e) Consequences. At the time the employer requests certification, the employer shall also advise an employee of the anticipated consequences of an employee's failure to provide adequate certification. If the employee fails to provide the employer with a complete and sufficient certification, despite the opportunity to cure the certification as provided in subsection (d) of this section, or fails to provide any certification, the employer may deny the taking of FMLA leave.

(f) Annual medical certification. Where the employee's need for leave due to the employee's own serious health condition or the serious health condition of the employee's covered family member, lasts beyond a single leave year, the employer may require the employee to provide a new medical certification in each subsequent leave year. Such new medical certifications are subject to the provisions for clarification and authentication set forth in section 31-51qq-32 of the Regulations of Connecticut State Agencies, including second and third opinions.

(Adopted effective March 9, 1999; Amended August 3, 2022)