HR Quick Takes: Who can certify FMLA leave?

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Davis Brown Law FirmQ: I have a pregnant employee whose chiropractor has now certified her to be off from work during the remainder of her pregnancy. Can a chiropractor certify pregnancy treatment?

A: Generally, no. The Family and Medical Leave Act allows a wide array of health care providers to certify specific conditions, but these conditions must be within their standardized scope of practice. In general, the Department of Labor looks to the definition of physician under the Federal Employees Compensation Act and this definition includes podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray). Essentially, providers are limited to their specific area and scope of practice.

The FMLA also adds nurse practitioners and nurse midwives, Christian Science practitioners, and health care providers that are “recognized by the employer or accepted by the group health plan (or equivalent plan) of the employer.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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