How often can an employer require an employee to recertify his or her need for FMLA leave?
Typically, an employer may request recertification documentation no more often than every 30 days (except as indicated below) and only in connection with an absence by the employee, unless the medical certification indicates that the minimum duration of the condition is more than 30 days, in which case the employer must wait until that minimum duration expires before requesting a recertification. For example, if the medical certification states that an employee will be unable to work, whether continuously or on an intermittent basis, for three months, the employer must wait three months before requesting a recertification. An employer may request recertification in less than 30 days if: 1) The employee requests an extension of leave; 2) Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications). For example, if a medical certification stated that an employee woul
Related Questions
- If an employer fails to tell an employee that leave has been designated as FMLA leave, can the employer count the leave against the employees FMLA leave entitlement?
- May an employer require periodic updates when an employee is on extended leave because of a medical condition?
- Can an employer require an employee to return to work before they exhaust their FMLA leave?
