Home » Publications » Alerts » Final FMLA Regulations Effective 1/16/09 Require Employer Action » Medical Information Available to Employer

Medical Information Available to Employer

Release Date: January 22, 2009

Under the new regulations, an employer may request facts sufficient to clarify or understand the information provided on the medical certification.  An important clarification is that the employer can communicate directly with the health care provider to authenticate or clarify a medical certification-but only after the employee has been given the opportunity to correct deficiencies in the certification. Please note that to the extent that the employer requires medical information in such communication with the health care provider,  that will require the employee's consent under the Health Information Portability and Accountability Act (HIPAA).  Further, the regulations also now provide that contact with a health care provider cannot be made by the employee's direct supervisor, but may be made by a company health care provider, human resources person, leave administrator or any member of management that is not the employee's direct supervisor.