Page:United States Statutes at Large Volume 107 Part 1.djvu/47

 PUBLIC LAW 103-3 —FEB. 5, 1993 107 STAT. 21 "(e)(1) In any case in which the necessity for leave under subparagraph (A) or (B) of subsection (a)(1) is foreseeable based on an expected birth or placement, the employee shall provide the employing agency with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable. "(2) In any case in which the necessity for leave vmder subparagraph (C) or (D) of subsection (a)(1) is foreseeable based on planned medical treatment, the employee— "(A) shall make a reasonable efiTort to schedule the treatment so as not to disrupt unduly the operations of the employ- ing agency, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate; and "(B) shall provide the employing agency with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable. " §6383. Certification "(a) An employing agency may require that a request for leave under subparagraph (C) or (D) of section 6382(a)(l) be supported by certification issued by the health care provider of the employee or of the son, daughter, spouse, or parent of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employing agency. "(b) A certification provided under subsection (a) shall be sufficient if it states— "(1) the date on which the serious health condition commenced; "(2) the probable duration of the condition; "(3) the appropriate medical facts within the knowledge of the health care provider regarding the condition; "(4)(A) for purposes of leave \mder section 6382(a)(l)(C), a statement that the employee is needed to care for the son, daughter, spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent; and "(B) for purposes of leave under section 6382(a)(l)(D), a statement that the employee is unable to perform the functions of the position of the employee; and "(5) in the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment. "(c)(1) In any case in which the employing agency has reason to doubt the validity of the certification provided under subsection (a) for leave \inder subparagraph (C) or (D) of section 6382(a)(1), the employing agency may require, at the expense of the agency, that the employee obtain the opinion of a second health care provider designated or approved by the employing agency concerning any information certified under subsection (b) for such leave.

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