Page:United States Statutes at Large Volume 107 Part 1.djvu/40

 107 STAT. 14 PUBLIC LAW 103-3—FEB. 5, 1993 (i) the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subparagraph (C) or (D) of section 102(a)(l); or (ii) other circumstances beyond the control of the employee. (3) CERTIFICATION.— (A) ISSUANCE. —An employer may require that a claim that an employee is unable to return to work because of the continuation, recurrence, or onset of the serious health condition described in paragraph (2)(B)(i) be supported by— (i) a certification issued by the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate, in the case of an employee unable to return to work because of a condition specified in section 102(a)(l)(C); or (ii) a certification issued by the health care provider of the eligible employee, in the case of an employee imable to return to work because of a condition specified in section 102(a)(l)(D). (B) COPY. —The employee shall provide, in a timely manner, a copy of such certification to the employer. (C) SUFFICIENCY OF CERTIFICATION.— (i) LEAVE DUE TO SERIOUS HEALTH CONDITION OF EMPLOYEE. —The certification described in subparagraph (A)(ii) shall be sufficient if the certification states that a serious health condition prevented the employee from being able to perform the functions of the position of the employee on the date that the leave of the employee expired. (ii) LEAVE DUE TO SERIOUS HEALTH CONDITION OF FAMILY MEMBER.— The certification described in subparagraph (A)(i) shall be sufficient if the certification states that the employee is needed to care for the son, daughter, spouse, or parent who has a serious health condition on the date that the leave of the employee expired. 29 USC 2615. SEC. 105. PROHIBITED ACTS. (a) INTERFERENCE WITH RIGHTS. — (1) EXERCISE OF RIGHTS.— It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this title. (2) DISCRIMINATION. —It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this title. (b) INTERFERENCE WITH PROCEEDINGS OR INQUIRIES.—It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual— (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this title; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this title; or

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