Under what circumstances can an employer in California request a medical diagnosis, a list of symptoms or similar information from an employee's treating physician?

Section 7297.4(b) of the California Family Rights Act (CFRA) allows an employer to request medical certification as a condition of granting a leave for the serious health condition of an employee. However, an employer may not ask the employee to provide additional information beyond what is needed to make a determination as to whether the request for leave qualifies under the CFRA. A medical certification may not require an employee’s medical diagnosis be disclosed but an employee may choose to provide a diagnosis to their employer voluntarily.

An employee is considered to have provided sufficient information to make a determination under the CFRA if he or she has provided the employer with the following information:

• The date, if known, on which the serious health condition began.
• The probable duration of the condition.
• A statement that due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of his or her position.

To make such determinations, employers can use CFRA regulations "Certification of Health Care Provider" form or its equivalent, such as the U.S. Department of Labor's Certification of Health Care Provider, provided that the provider does not disclose the underlying diagnosis of the employee's serious health condition without the express consent of the employee.