Managing time away under the Family and Medical Leave Act (FMLA) can be a balancing act for employers. On one side, there’s the obligation to respect an employee’s right to protected leave. On the other is the need to ensure the process isn’t abused and that business operations continue smoothly.
Fortunately, the FMLA provides employers with several tools—authentication, clarification, recertification and second/third opinions—to help validate leave requests and ensure compliance. When used correctly, these tools can strengthen an organization’s FMLA processes and protect them legally and operationally. Let's start by looking at authentication and clarification.
Authentication vs. clarification: Understanding the distinction
After an employee submits a completed medical certification, employers may have questions about its legitimacy or content. The Department of Labor allows two important follow-up actions:
- Authentication, which simply means employers may verify that the form was completed and signed by the health care provider—not questioning the content.
- Clarification, which involves contacting the health care provider to understand the handwriting, the meanings of terms, or whether certain responses are complete. It's important to note that they cannot ask for additional information or challenge the medical judgment.
Tip: If clarification is needed, only a designated HR professional or leave administrator may contact the health care provider—not the employee’s supervisor—and only with a valid HIPAA release.
For additional information, please see Fact Sheet #28G: Medical Certification under the Family and Medical Leave Act | U.S. Department of Labor.
