Employer Fmla Certification Requests

Summary

Employers in NYS can request medical certification for FMLA, including diagnostic test results, but not detailed treatment notes. HIPAA regulations protect your privacy. If your certification is valid, they generally shouldnt need a new one unless circumstances change significantly. Refusing to provide additional certification may impact FMLA eligibility. Always consult an employment attorney for personalized advice.

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Not asking for diagnosis but asking for diagnostic testing results
In NYS, employers can ask for medical certification under FMLA, which may include results of diagnostic tests. However, they can't ask for detailed information due to HIPAA privacy rules. Can you clarify whether your employer specifically asked for your diagnostic test results?
Yes the employer asked for diagnostic testing results
In NYS, an employer can request diagnostic test results for FMLA purposes, but only to certify your need for leave. They should not use it to pry into your detailed medical history, as this could violate HIPAA regulations.
Is this legal to ask for If you need an extension, we will need to receive office visit notes, additional certification, treatment plans, and progress notes
In NYS, employers may ask for additional certification if you need a FMLA leave extension. However, requesting detailed treatment plans and progress notes might violate HIPAA privacy regulations. They should only seek information necessary to certify your need for leave.
If you refuse to provide that are you within your rights?
In NYS, refusing to provide additional certification for FMLA leave extension is within your rights. However, this might impact your FMLA eligibility. They can't ask for detailed treatment plans or progress notes due to HIPAA rules.
If you provided a certification and had an absence on */*/* the certification is good until */*/* can they ask for another certification on */*/*?
In NYS, an employer can ask for recertification in certain situations such as if you request an extension, or if circumstances have changed significantly. However, if your certification is still valid, they generally shouldn't need another one.
What’s an example of circumstances changing significantly
An example of "circumstances changing significantly" could be if your health condition dramatically worsens, requiring more frequent or longer absences than originally certified. Similarly, if your employer receives information that contradicts your stated reason for leave, they might request recertification.
If you have an intermittent certification that’s states you can be out of work for *-7 days up to *-* hours for a period of 12 months it runs from */*/*-*/*/* you’re out from */*/*-*/*/* with those time frames and dates can they ask for a new certification under that scenario
In NYS, an employer can request a new certification if they doubt the validity of the existing one or if circumstances change significantly. However, based on what you've shared, if your absences are within the certified dates and hours, they generally shouldn't need a new certification.
In that situation would I be within my rights to deny their request
In NYS, you generally have the right to deny providing a new certification if your existing one is still valid and matches your absence pattern. However, refusal may lead to disputes over your FMLA leave eligibility. Always consult with an employment attorney for personalized advice.
Tell me if this situation was handled legally in NYS an employee gets a medical certificate for FMLA which is intermittent and covers the employee from */*/*-*/*/* the employee follows proper call out procedure citing the absence is related to their certification because the employee is out longer than 8 days the employer considers the absence a disability absence and due to the absence being considered a disability absence the employer is telling the employee that they need to get a continuous FMLA certification is that legal?
In NYS, employers can't change the terms of an FMLA leave without a valid reason. If an employee's intermittent leave is certified and within the provided dates, the employer generally can't demand a continuous FMLA certification. However, if the absence exceeds what's stated in the certification, they might have grounds to request recertification.
What are valid reasons
Valid reasons for an employer to request recertification under FMLA might include:
- The employee requests an extension of leave.
- Circumstances described by the previous certification have significantly changed.
- The employer receives information that casts doubt upon the employee's stated reason for the absence or the legitimacy of the certification.