5 U.S.C. § 6383 — Certification
submitted 33 years ago by Pub. L. 103-3 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 476 words · no verdicts yet
An agency may require health certification for certain medical leave. The section lists what the certification must contain and allows agency-paid second and third opinions, reasonable recertification, and certification for military-related leave.
(a) An agency may require a request for leave to care for a family member with a serious health condition* or for the employee’s own serious health condition to include certification from the appropriate health care provider*. The employee* must timely give the agency a copy.
(b) Certification is sufficient if it states (1) when the condition began, (2) its likely duration, (3) relevant medical facts known to the provider, (4)(A) for family-care leave, that the employee is needed to provide care and the estimated time needed, or (B) for the employee’s leave, that the employee cannot perform the job’s functions, and (5) for planned-treatment intermittent or reduced-schedule leave, the expected treatment dates and duration.
(c) (1) If the agency has reason to doubt the certification, it may, at its expense, require an opinion from a designated or approved second provider about the certified information. (2) That provider may not regularly work for the agency.
(d) (1) If the second opinion differs from the first, the agency may, at its expense, require a third opinion from a provider jointly designated or approved by the agency and employee. (2) The third opinion is final and binding on both.
(e) At its expense, the agency may reasonably require later recertifications.
(f) The agency may require certification for qualifying-exigency or covered-servicemember leave in the time and manner set by Office of Personnel Management regulations.
An employing agency may require that a request for leave under subparagraph (C) or (D) of section 6382(a)(1) be supported by certification issued by the health care provider* of the 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 employing agency.
A certification provided under subsection (a) shall be sufficient if it states—
the date on which the serious health condition* commenced;
the probable duration of the condition;
the appropriate medical facts within the knowledge of the health care provider regarding the condition;
for purposes of leave under section 6382(a)(1)(C), a statement that the employee is needed to care for the son, daughter, spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent; and
for purposes of leave under section 6382(a)(1)(D), a statement that the employee is unable to perform the functions of the position of the employee; and
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.
In any case in which the employing agency has reason to doubt the validity of the certification provided under subsection (a) for leave under subparagraph (C) or (D) of section 6382(a)(1), the employing agency may require, at the expense of the agency, that the employee obtain the opinion of a second health care provider designated or approved by the employing agency concerning any information certified under subsection (b) for such leave.
Any health care provider designated or approved under paragraph (1) shall not be employed on a regular basis by the employing agency.
In any case in which the second opinion described in subsection (c) differs from the original certification provided under subsection (a), the employing agency may require, at the expense of the agency, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employing agency and the employee concerning the information certified under subsection (b).
The opinion of the third health care provider concerning the information certified under subsection (b) shall be considered to be final and shall be binding on the employing agency and the employee.
The employing agency may require, at the expense of the agency, that the employee obtain subsequent recertifications on a reasonable basis.
An employing agency may require that a request for leave under paragraph (1)(E) or (3) of section 6382(a) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.
Source credit: (Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 21; amended Pub. L. 110–181, div. A, title V, § 585(b)(3)(D), Jan. 28, 2008, 122 Stat. 132; Pub. L. 111–84, div. A, title V, § 565(b)(1)(C), Oct. 28, 2009, 123 Stat. 2311.)
- 1993Enacted · Pub. L. 103-3 · 107 Stat. 21
- 2008Amended · Pub. L. 110-181 · 122 Stat. 132
- 2009Amended · Pub. L. 111-84 · 123 Stat. 2311
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-3 on 1993-02-05.
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