---
kind: "section"
citation: "29 U.S.C. § 2613"
title: "29"
title_heading: "Labor"
number: "2613"
heading: "Certification"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/2613"
units:
  - "Chapter 28 — Family and Medical Leave"
  - "Subchapter I — General Requirements for Leave"
---

# §2613. Certification

- (a) **In general—** An [employer](/usc/29/2611.md?p=4-A) may require that a request for leave under subparagraph (C) or (D) of paragraph (1) or paragraph (3) of [section 2612(a) of this title](/usc/29/2612.md?p=a) be supported by a certification issued by the [health care provider](/usc/29/2611.md?p=6) of the [eligible employee](/usc/29/2611.md?p=2-A) or of the son, daughter, [spouse](/usc/29/2611.md?p=13), or [parent](/usc/29/2611.md?p=7) of the [employee](/usc/29/2611.md?p=3), or of the [next of kin](/usc/29/2611.md?p=17) of an individual in the case of leave taken under such paragraph (3), as appropriate. The [employee](/usc/29/2611.md?p=3) shall provide, in a timely manner, a copy of such certification to the [employer](/usc/29/2611.md?p=4-A).
- (b) **Sufficient certification—** Certification provided under [subsection (a)](#a) shall be sufficient if it [states](/usc/29/2611.md?p=3)—
  - (1) the date on which the [serious health condition](/usc/29/2611.md?p=11) commenced;
  - (2) the probable duration of the condition;
  - (3) the appropriate medical facts within the knowledge of the [health care provider](/usc/29/2611.md?p=6) regarding the condition;
  - (4)
    - (A) for purposes of leave under [section 2612(a)(1)(C) of this title](/usc/29/2612.md?p=a-1-C), a statement that the [eligible employee](/usc/29/2611.md?p=2-A) is needed to care for the son, daughter, [spouse](/usc/29/2611.md?p=13), or [parent](/usc/29/2611.md?p=7) and an estimate of the amount of time that such [employee](/usc/29/2611.md?p=3) is needed to care for the son, daughter, [spouse](/usc/29/2611.md?p=13), or [parent](/usc/29/2611.md?p=7); and
    - (B) for purposes of leave under [section 2612(a)(1)(D) of this title](/usc/29/2612.md?p=a-1-D), a statement that the [employee](/usc/29/2611.md?p=3) is unable to perform the functions of the position of the [employee](/usc/29/2611.md?p=3);
  - (5) in the case of certification for intermittent leave, or leave on a [reduced leave schedule](/usc/29/2611.md?p=9), for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;
  - (6) in the case of certification for intermittent leave, or leave on a [reduced leave schedule](/usc/29/2611.md?p=9), under [section 2612(a)(1)(D) of this title](/usc/29/2612.md?p=a-1-D), a statement of the medical necessity for the intermittent leave or leave on a [reduced leave schedule](/usc/29/2611.md?p=9), and the expected duration of the intermittent leave or [reduced leave schedule](/usc/29/2611.md?p=9); and
  - (7) in the case of certification for intermittent leave, or leave on a [reduced leave schedule](/usc/29/2611.md?p=9), under [section 2612(a)(1)(C) of this title](/usc/29/2612.md?p=a-1-C), a statement that the [employee](/usc/29/2611.md?p=3)’s intermittent leave or leave on a [reduced leave schedule](/usc/29/2611.md?p=9) is necessary for the care of the son, daughter, [parent](/usc/29/2611.md?p=7), or [spouse](/usc/29/2611.md?p=13) who has a [serious health condition](/usc/29/2611.md?p=11), or will assist in their recovery, and the expected duration and schedule of the intermittent leave or [reduced leave schedule](/usc/29/2611.md?p=9).
- (c) **Second opinion—**
  - (1) **In general—** In any case in which the [employer](/usc/29/2611.md?p=4-A) has reason to doubt the validity of the certification provided under [subsection (a)](#a) for leave under subparagraph (C) or (D) of [section 2612(a)(1) of this title](/usc/29/2612.md?p=a-1), the [employer](/usc/29/2611.md?p=4-A) may require, at the expense of the [employer](/usc/29/2611.md?p=4-A), that the [eligible employee](/usc/29/2611.md?p=2-A) obtain the opinion of a second [health care provider](/usc/29/2611.md?p=6) designated or approved by the [employer](/usc/29/2611.md?p=4-A) concerning any information certified under [subsection (b)](#b) for such leave.
  - (2) **Limitation—** A [health care provider](/usc/29/2611.md?p=6) designated or approved under [paragraph (1)](#c-1) shall not be employed on a regular basis by the [employer](/usc/29/2611.md?p=4-A).
- (d) **Resolution of conflicting opinions—**
  - (1) **In general—** In any case in which the second opinion described in [subsection (c)](#c) differs from the opinion in the original certification provided under [subsection (a)](#a), the [employer](/usc/29/2611.md?p=4-A) may require, at the expense of the [employer](/usc/29/2611.md?p=4-A), that the [employee](/usc/29/2611.md?p=3) obtain the opinion of a third [health care provider](/usc/29/2611.md?p=6) designated or approved jointly by the [employer](/usc/29/2611.md?p=4-A) and the [employee](/usc/29/2611.md?p=3) concerning the information certified under [subsection (b)](#b).
  - (2) **Finality—** The opinion of the third [health care provider](/usc/29/2611.md?p=6) concerning the information certified under [subsection (b)](#b) shall be considered to be final and shall be binding on the [employer](/usc/29/2611.md?p=4-A) and the [employee](/usc/29/2611.md?p=3).
- (e) **Subsequent recertification—** The [employer](/usc/29/2611.md?p=4-A) may require that the [eligible employee](/usc/29/2611.md?p=2-A) obtain subsequent recertifications on a reasonable basis.
- (f) **Certification related to covered active duty or call to covered active duty—** An [employer](/usc/29/2611.md?p=4-A) may require that a request for leave under [section 2612(a)(1)(E) of this title](/usc/29/2612.md?p=a-1-E) be supported by a certification issued at such time and in such manner as the [Secretary](/usc/29/2611.md?p=10) may by regulation prescribe. If the [Secretary](/usc/29/2611.md?p=10) issues a regulation requiring such certification, the [employee](/usc/29/2611.md?p=3) shall provide, in a timely manner, a copy of such certification to the [employer](/usc/29/2611.md?p=4-A).

## Source credit

(Pub. L. 103–3, title I, § 103, Feb. 5, 1993, 107 Stat. 11; Pub. L. 110–181, div. A, title V, § 585(a)(3)(E), Jan. 28, 2008, 122 Stat. 130; Pub. L. 111–84, div. A, title V, § 565(a)(1)(C), Oct. 28, 2009, 123 Stat. 2310.)

## Notes

### Editorial Notes

### Amendments

2009—Subsec. (f). Pub. L. 111–84 substituted “covered active duty” for “active duty” in two places in heading.

2008—Subsec. (a). Pub. L. 110–181, § 585(a)(3)(E)(i), substituted “paragraph (1) or paragraph (3) of section 2612(a)” for “section 2612(a)(1)” and inserted “or of the next of kin of an individual in the case of leave taken under such paragraph (3),” after “parent of the employee,”.

Subsec. (f). Pub. L. 110–181, § 585(a)(3)(E)(ii), added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.