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Can my employer talk to my doctors about my FMLA leave?

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First of all, to get FMLA leave, you do not have to provide medical records to your employer. However, you employer may request that, for any leave taken due to a serious health condition, you provide a medical certification confirming that a serious health condition exists. Medical certification must be filled out by your physician.


Otherwise, your employer may not ask anyone but you about your FMLA leave. Your employer may ask you questions to confirm whether the leave needed or being taken qualifies for FMLA purposes, and may require periodic reports on your status and intent to return to work after leave. Also, if the employer wishes to obtain another doctor's opinion, you may be required to obtain additional medical certification at the employer’s expense, or rectification during a period of FMLA leave. The employer may also have a health care provider representing the employer contact your health care provider, with your permission only, to clarify information in the medical certification or to confirm that it was provided by the health care provider. However, the inquiry may not seek additional information regarding your health condition or that of a family member.


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