25. Communicating with the employer during leave

The worker should proactively communicate with the employer during leave when they are getting ready to return to work, or when they need additional time off work. The worker should respond to reasonable communications from the employer. 

An employer may request certain medical proof during a leave. An employer can request re-certification of a medical condition when there is a request to extend leave, or of an intermittent medical leave that has lasted for more than six months. 458 C.M.R. 2.10(4)(j). If certain conditions are met, an employer may also require a doctor’s letter clearing the worker to return to work and delay the return to work until they receive such a letter. This is called a “fitness for duty” certification. To require the certification, the employer must first (1) notify the worker within 10 days of the initial approval of PFML leave that it will be requesting the “fitness for duty” certification before returning to work, (2) list all of the worker’s essential job functions so that the medical provider can confirm the worker is able to resume all functions, and (3) apply this requirement uniformly to all similarly-situated workers. 458 C.M.R. 2.11.