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How to Comply With Conflicting Certification Requirements Under FMLA and CFRA

September 5, 2019

Via: HR Hero

California employers must comply with the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and, if there is a conflict, follow the law that is most beneficial to employees. This article provides tips on how to satisfy your medical certification obligations under those statutes.

Use DFEH’s Medical Certification Form

The U.S. Department of Labor (DOL) has posted model FMLA forms on its website, including WH-380-E, “Certification of Health Care Provider for Employee’s Serious Health Condition,” and WH-380-F, “Certification of Health Care Provider for Family Member’s Serious Health Condition.” The federal forms do not comply with the CFRA, however, because they ask employees to disclose their diagnoses and symptoms, and the California law expressly prohibits employers from asking employees for that information.

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