<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 11.02.13.06" title_num="11" subtitle_num="02" chapter_num="13" heading="Certification by Health Care Provider.">
  <paragraph num="A.">
    <text>If the certification required by this regulation is not provided by the health care provider, the Department may deny FMLA leave until the certification is received.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Leave to Care for Family Member.</text>
    <paragraph num="(1)">
      <text>The Department may require an employee applying for FMLA leave to care for a family member to provide certification from a health care provider that the employee is needed to care for the family member.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Care for a family member includes providing psychological comfort and arranging for third-party care.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Certification by a health care provider shall indicate that:</text>
      <paragraph num="(a)">
        <text>Third-party care is necessary for the family member; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The employee's presence would provide psychological comfort and be beneficial to the family member.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Employee Serious Health Condition.</text>
    <paragraph num="(1)">
      <text>The Department shall require an employee applying for FMLA leave to provide certification from a health care provider that the employee has a serious health condition and is unable to perform the function of the employee's job.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department may require the employee to obtain a second opinion from a health care provider not employed by the Department.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the first and second opinions differ, the Department may require a third opinion from a health care provider mutually selected by the employee and the Department.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The cost of second and third opinions shall be paid by the employing administration.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Pending receipt of the second or third opinions, the employee is provisionally entitled to FMLA leave.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If the need for FMLA leave is foreseeable and certification is not provided within 15 days of the Department's request for certification, the leave may be denied until certification is received.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Recertification. The Department may not require recertification of FMLA leave status more frequently than every 30 days unless:</text>
    <paragraph num="(1)">
      <text>The employee requests an extension;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Circumstances regarding the illness or injury change significantly; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>New information casts doubt upon the validity of the most recent certification.</text>
    </paragraph>
  </paragraph>
</regulation>