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Senate committee considers cap on FMLA certification fees at $30
Summary
Assembly Bill 305 would cap the fee a health‑care provider may charge to complete FMLA certification forms at $30 (adjusted annually by CPI). Labor unions and the Nevada State Medical Association testified in support; sponsors said the change responds to reports of fees up to $150.
Assembly Bill 305 would prohibit a health‑care provider from charging more than $30 to complete a certification form required by an employer under the federal Family and Medical Leave Act (FMLA), Assemblymember Elaine Marzola told the Senate Commerce and Labor Committee. The cap would be adjusted annually based on the consumer price index and the Department of Health and Human Services would publish the adjusted amount by Jan. 1 each year.
Why it matters: sponsors and labor representatives said employees sometimes face charges of $100–$150 for a provider to complete an FMLA certification form, a cost that can deter workers — often unpaid while on leave — from taking medically necessary time away from work.
Assemblymember Marzola said the proposal responds to reports from constituents and a prior 2023 effort (AB 437) that the governor vetoed. She told the committee that the amended bill increases an earlier $25 cap to $30 and adds the CPI adjustment after negotiations with the Nevada State Medical Association.
Supporters included Lluvia Grant of UFCW Local 711 and Jessica Ferrato, who said the bill was amended in the Assembly to address the Nevada State Medical Association's concerns. "The forms look different depending on the employer. They tend to be on average one to two pages," Ferrato told the committee and said the Nevada State Medical Association now supports the amended bill.
Labor leaders from the Nevada State AFL‑CIO, Communication Workers of America Local 9413, professional firefighter groups and multiple local union affiliates testified in support. Several witnesses said employees sometimes must return multiple times during intermittent FMLA periods and pay the certification fee each time; Ryan Beeman, representing professional firefighters in Nevada, noted that repeated fees can accumulate when intermittent updates are required.
Committee members asked how extensive the forms are; Ferrato said sample forms averaged one to two pages and the provider is asked to document the medical reason and provide signatures. Senator Ellison and others expressed surprise that providers could charge for the separate certification, noting that the fee is in addition to ordinary office visit costs.
The bill drew broad support at the hearing. Witnesses included union representatives, the Nevada State Medical Association (which said it negotiated the CPI and fee level), and other labor‑aligned groups. No opposition callers were recorded at the hearing.
There was no recorded vote during the hearing; sponsors and stakeholders said they had reached working language acceptable to medical providers and unions and that the measure will move forward through the committee process.
