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FMLA Part 5 Can you ask for an employee’s medical records

January 8, 1999
Related Topics: Medical Benefits Law, Employee Leave, Featured Article, Benefits
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Can you request an employee’s medical records as proof that they indeed have a serious health condition that meets the requirements spelled out under the FMLA?

Generally, no. However, if the employee is taking leave for a "serious health condition," you may request a medical certification confirming the existence of the condition.

Source: U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, FMLA Compliance Guide, December 1998.

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