Yesterday, we looked at the answers to some common FMLA/CFRA certification questions. Today: The facts on requesting recertifications of a continuing condition.
How Often May You Request Recertification?
The FMLA rules allow recertification no more often than every 30 days in connection with an employee’s absence unless the condition will last for more than 30 days.
For conditions that are certified as having a minimum duration of more than 30 days, the employer must wait to request a recertification until the specified period has passed, except that in all cases the employer may request recertification every 6 months in connection with an employee’s absence.
Are There Exceptions To the 30-Day Rule?
The regulations also allow an employer to request recertification in fewer than 30 days if the employee requests an extension of leave, the circumstances described in the previous certification have changed significantly, or the employer receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the certification.
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What About Long-Term Conditions?
Employers may request a new medical certification each leave year for medical conditions that last longer than one year. The employer may request a certification even when the employee is substituting paid leave for unpaid FMLA leave.
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