Sec. 31-51mm. Family and medical leave: Certification.
Sec. 31-51mm. Family and medical leave: Certification. (a) An employer may
require that request for leave based on a serious health condition in subparagraph (C) or
(D) of subdivision (2) of subsection (a) of section 31-51ll be supported by a certification
issued by the health care provider of the eligible employee or of the son, daughter, spouse
or parent of the employee, as appropriate. The employee shall provide, in a timely
manner, a copy of such certification to the employer.
(b) Certification provided under subsection (a) of this section shall be sufficient if
it states:
(1) The date on which the serious health condition commenced;
(2) The probable duration of the condition;
(3) The appropriate medical facts within the knowledge of the health care provider
regarding the condition;
(4) (A) For purposes of leave under subparagraph (C) of subdivision (2) of subsection (a) of section 31-51ll, a statement that the eligible employee is needed to care for
the son, daughter, spouse or parent and an estimate of the amount of time that such
employee needs to care for the son, daughter, spouse or parent; and (B) for purposes of
leave under subparagraph (D) of subdivision (2) of subsection (a) of section 31-51ll, a
statement that the employee is unable to perform the functions of the position of the
employee;
(5) In the case of certification for intermittent leave or leave on a reduced leave
schedule for planned medical treatment, the dates on which such treatment is expected
to be given and the duration of such treatment;
(6) In the case of certification for intermittent leave or leave on a reduced leave
schedule under subparagraph (D) of subdivision (2) of subsection (a) of section 31-51ll,
a statement of the medical necessity of the intermittent leave or leave on a reduced
leave schedule, and the expected duration of the intermittent leave or reduced leave
schedule; and
(7) In the case of certification for intermittent leave or leave on a reduced leave
schedule under subparagraph (C) of subdivision (2) of subsection (a) of section 31-51ll,
a statement that the employee's intermittent leave or leave on a reduced leave schedule
is necessary for the care of the son, daughter, parent or spouse who has a serious health
condition, or will assist in their recovery, and the expected duration and schedule of the
intermittent leave or reduced leave schedule.
(c) (1) In any case in which the employer has reason to doubt the validity of the
certification provided under subsection (a) of this section for leave under subparagraph
(C) or (D) of subdivision (2) of subsection (a) of section 31-51ll, the employer may
require, at the expense of the employer, that the eligible employee obtain the opinion
of a second health care provider designated or approved by the employer concerning
any information certified under subsection (b) of this section for such leave.
(2) A health care provider designated or approved under subdivision (1) of this
subsection shall not be employed on a regular basis by the employer.
(d) (1) In any case in which the second opinion described in subsection (c) of this
section differs from the opinion in the original certification provided under subsection
(a) of this section, the employer may require, at the expense of the employer, that the
employee obtain the opinion of a third health care provider designated or approved
jointly by the employer and the employee concerning the information certified under
subsection (b) of this section.
(2) The opinion of the third health care provider concerning the information certified
under subsection (b) of this section shall be considered to be final and shall be binding
on the employer and the employee.
(e) The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis, provided the standards for determining what constitutes
a reasonable basis for recertification may be governed by a collective bargaining
agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the worker is a part if such a collective
bargaining agreement is in effect. Unless otherwise required by the employee's health
care provider, the employer may not require recertification more than once during a
thirty-day period and, in any case, may not unreasonably require recertification. The
employer shall pay for any recertification that is not covered by the employee's health
insurance.
(P.A. 96-140, S. 3, 10; P.A. 04-95, S. 3; 04-257, S. 50.)
History: P.A. 96-140 effective January 1, 1997; P.A. 04-95, effective October 1, 2004, and P.A. 04-257, effective June
14, 2004, both made identical technical changes in Subsecs. (a) to (c).