§ 32–531.04. Certification.
*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and/or temporary legislation, click this link: Permanent Version.*
(a)(1) An employer may require that paid leave under § 32-131.02(b) for 3 or more consecutive days be supported by reasonable certification.
(2) Reasonable certification may include:
(A) A signed document from a health care provider, as defined in § 32-501(5), affirming the illness of the employee;
(B) A police report indicating that the employee was a victim of stalking, domestic violence, or sexual abuse;
(C) A court order; or
(D) A signed statement from a victim and witness advocate, or domestic violence counselor, as defined in § 14-310(a)(2), affirming that the employee is involved in legal action related to stalking, domestic violence, or sexual abuse.
(3) If certification is required by an employer, the employee shall provide a copy of the certification to the employer upon the employee’s return to work.
(a-1)(1) An employer may not require an employee who uses paid leave pursuant to § 32-502.01 to provide certification of the need to use such paid leave unless the employee uses 3 or more consecutive working days of paid leave.
(2) When certification is required by an employer for the use of paid leave pursuant to § 32-502.01, the employer may not require the employee to provide it until one week after the employee's return to work.
(3) An employer that does not contribute payments toward a health insurance plan on behalf of the employee shall not require certification from the employee who uses paid leave pursuant to § 32-502.01.
(b)(1) This subchapter shall not require a health care professional to disclose information in violation of section 1177 of the Social Security Act, approved August 21, 1996 (110 Stat. 2029; 42 U.S.C. § 1320d-6), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 2033; 42 U.S.C. § 1320d-2, note).
(2) All information provided to the employer under § 32-131.02 shall not be disclosed by the employer, except to the extent that the disclosure is:
(A) Requested or consented to by the employee;
(B) Ordered by a court or administrative agency; or
(C) Otherwise required by applicable federal or local law.