Legal Question in Employment Law in Massachusetts

Regarding FMLA for birth of child: Is there a form to fill out?

My employer told me I was eligible and gave me form WH-380-E - Certification of Health Care Provider for Employee's Serious Health Condition. However, the form does not seem to apply to birth of a child. For example, one of the questions for the provider is "Date(s) you treated the patient for condition:"


Asked on 1/24/19, 11:17 am

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

This is a great question so I did some digging around. Basically, if you are having a pregnancy free of complications I do not think they can require you to complete this form, base don federal law. If you are having complications, However, the form needs ot be completed by your OBGYN or other appropriate health care provider. My answer is based solely on the FMLA and not your state law.

See https://www.parkerpoe.com/news/2017/05/can-employers-require-medical-confirmation-of-pregnancy-for

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Answered on 1/25/19, 7:37 am


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