HAR §12-27-11. Certification

(a) An employer may require that a claim for family leave be supported by written certification. Unless the employer provides otherwise, certification requested by the employer under this section shall be at the employee's expense, except as provided in subsection (e). (b) When the request for family leave is foreseeable, the employee shall furnish certification prior to the commencement of the family leave. In the case of unforeseeable family leave, the employee shall furnish certification no later than two working days after the family leave commences. (c) The following shall be deemed acceptable certification: (1) For the birth of a child of an employee, a written statement issued by a health care provider or the family court; (2) For the placement of a child for adoption with an employee: (A) The petition filed by the employee with the court; or (B) A written statement issued by: (i) A recognized adoption agency; (ii) The attorney handling the adoption; or (iii) The individual officially designated by the birth parent to select and approve the adoptive family. (3) For the serious health condition of a child, spouse, parent, or reciprocal beneficiary, a written statement by a health care provider. Certification shall contain the following information: (A) The patient’s name and relationship to the employee; 27-16 §12-27-11 (B) The health care provider’s name, title, type of practice or field of specialization, location, and signature; (C) A statement that the patient’s condition qualifies for family leave as a serious health condition as defined under section 12-27-1; (D) A statement that the employee is needed to participate in the care of the patient; (E) A statement that the patient’s condition requires hospitalization or the health care provider’s continuing treatment or continuing supervision; (F) The approximate date the serious health condition commenced, and the probable duration that the employee will be needed to care for the patient with a serious health condition; and (G) Whether it will be necessary for the employee to take leave intermittently; and, if so, the estimated period of time that the employee will be needed to care for the patient with a serious health condition. (d) For situations where the serious health condition is chronic and continuous, and the employee foresees the need for family leave in another twelve- month period, the employer may require the employee to provide certification by the health care provider of the serious health condition for each twelve-month period of family leave. (e) At the employer’s expense, an employer may also require re-certification during the course of any twelve-month period, but not more often than thirty days, if: (1) Circumstances described by the previous certification have changed significantly; e.g., the duration of the illness, the nature of the illness, and complications; or 27-17 §12-27-11 (2) The employer receives information that casts doubt upon the employee’s stated reason for the absence. (f) In cases where the employee’s original family leave request was under the four-week maximum, and the employee requests an extension of the approved family leave within the twelve-month period, the employer may require another certification from the employee of the need for the extension. (g) For purposes of confirming family relationships in granting of family leave, the employer may require the employee who gives notice of the need for family leave to provide reasonable documentation or statement of the relationship. Reasonable documentation may include, but is not limited to, a court document, or a birth, marriage, or reciprocal beneficiary certificate. (h) If an employer finds a certification incomplete under paragraph (c)(3), the employer shall advise the employee and provide the employee a reasonable opportunity to remedy such deficiency. (i) Notwithstanding subsection (c), for a birth or a serious health condition occurring or situated outside the State of Hawaii, certification shall be deemed sufficient if provided by a health care provider who is: (1) Authorized and performing within the scope of practice as defined under a state law; or (2) Authorized to practice in accordance with the law of another country, and who is performing within the scope of the practice as defined under that law. [Eff 2/3/05 ] (Auth: HRS §398-11) (Imp: HRS §§398-1, 398-6)