FMLA Re-Certification
- When dealing with medical certifications, employers are asked to abide by a general "30-Day Rule" for recertification requests. This means employers may not make recertification requests of employees on FMLA leave more often than every 30 days and in conjunction with an absence. However, there are exceptions to the rule: when an employee requests extended leave time (beyond what was described in the previous certification) or another significant change to the reason or timeline for which the leave was originally approved.
- For the purpose of controlling FMLA abuse, employers are allowed certain rights in situations where they believe the integrity of an employee's leave is in question. If an employer has information suggesting that an employee may be out of work for a reason other those approved under FMLA, employers may ask the employee in question for a recertification. For example, if an employee on medical leave is rumored to be working a second job that requires the same tasks they are supposedly prohibited from performing, this person could be asked to resubmit the certification as a means of verifying authenticity.
- In some scenarios, employees may have a medical leave on file for which the doctor has certified a duration of more than a year. An example might be an employee with FMLA medical leave for cancer, diabetes or another chronic condition that requires routine treatment. In these cases, employers may ask an employee to re-certify the leave annually.
- Federal regulations under the DOL are subject to amendment and change. The most up-to-date FMLA regulations are made available on the U.S. Department of Labor website.
