Legal Question in Medical Leave in Maryland

Re: Medical Certification for FMLA

Section 825.305 of the regulations to the Family Medical Leave Act provides, in part, that "An employer may requires that an employee's leave to care for the employee's seriously-ill spouse, son, daughter, or parent, or due to the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee's position, be supported by a certification issued by the health care provider of the employee or the employee's ill family member...."

Accordingly, if the employee has complications with her pregnancy, and must take time off for that reason, then the employer might be entitled to require medical certification. The regulations are silent as to medical certification for pregnancies, perhaps because the need for leave should be obvious. Note, however, that mere pregnancy does not necessarily entitle the employee to leave. Leave is provided for the birth of the child. The expectant employee might not be entitled to take FMLA leave prior to the delivery, unless the leave is for a serious health condition, as that is defined in the regulations.

You should consult an attorney and the U.S. Department of Labor concerning the particular facts and circumstances which affect your legal rights and responsibilities. This response is not intended to be legal advice, and it should not be relied upon as legal advice. No attorney/client relationship is created as a result of this response.

Stephen Scapelliti

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.

39395 W. Twelve Mile Road, Suite 200