Posted 07-02-2014
Ann Kiernan replies:
If the note is a certification submitted in support of an employee’s FMLA leave, federal regulations expressly allow employers to contact the medical provider to verify that the information contained on the certification form was completed and/or authorized by the health care provider who signed the document. The regulations also allow employers to contact the health care provider to decipher the handwriting on the medical certification or to understand the meaning of a response. In either case, employers may not ask health care providers for additional information beyond that required by the certification form. See: 29 C.F.R. §825.307(a).
I suggest that you use the same rules for other kinds of medical notes.
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
