Can doctors charge employees a fee for completing FMLA certifications?

Yes. Doctors can and usually do charge a fee to complete Family and Medical Leave Act (FMLA) certifications. Under federal law, employers are not required to pay for fees charged for FMLA certification (other than for a second or third opinion), so the employee must take on that responsibility. State law, however, might require an employer to pay for any medical documentation required to continue employment, so employers will want to check applicable state laws for compliance.

FMLA regulation §825.307 addresses second and third opinions and payment by the employer. If an employer has reason to doubt the validity of a certification, it may require the employee to obtain a second opinion at the employer's expense. If the opinions of the employee's and the employer's designated health care providers differ, the employer may require the employee to obtain a third final and binding opinion from a third health care provider also at the employer's expense. Any recertification requested by the employer will be at the employee's expense. No second or third opinion on recertification may be required.

An employee who is faced with paying high and perhaps recurring fees for FMLA certification and recertifications may want to discuss the charges with his or her physician or check with the local medical society on possible guidelines for these charges by their members. An employer may also have a policy on reimbursing an employee for the cost of certification or recertification. Such a policy may stipulate that the employer will reimburse only for a certification or recertification that is complete and sufficient on first submission and for which the employee submits proof of payment.