Can You Charge Fees for Filing FMLA Forms?

Form fees can add up, but fortunately only your doctor can charge for FMLA forms.

Depending on what your employer requires and what type of Family Medical Leave Act time off you are requesting, you may have to fill out multiple FMLA forms. Whether or not fees can be charged for filing FMLA forms depends on who is doing the filing. Under current FMLA regulations only doctors can charge filing fees.

Employers

Employers cannot charge fees for filling out or filing FMLA forms. Part of a covered employer’s duty, per FMLA regulations, is to provide and obtain all the necessary paperwork for an FMLA request.

Doctors

Doctors or other licensed health care providers may charge for filling out or filing FMLA forms. Each office will have its own policy on form fees, so call ahead and ask. The Medical Group Management Association (MGMA) says that form fees typically run from $5 to $55 per form.

Second or Third Opinion

Your employer has the right to request a second or even third opinion for serious health conditions; however, they must pay any FMLA form fees or costs incurred.

Reason for Fees

The MGMA states that physicians typically charges FMLA form filing fees because they have to do it on uncompensated time. The administrative staff may also have to spend time filing the forms or faxing them to employers.

Reduce Fees

You may be able to reduce or eliminate FMLA form filing fees by bringing the forms to a scheduled appointment and notifying your doctor in advance that you will need them filled out. Then offer to fax them or bring them to your employer yourself.

References

• Medical Group Management Association: "Should Your Medical Group Practice Charge for Patient Forms?"
• U.S. Department of Labor: Family and Medical Leave Act of 1993