Recertification Question
vmckinney
6 Posts
We use a rolling calendar system for all FMLA time.
An employee started intermittent FMLA on May 3, 2003 and takes off periodically for a chronic condition. Am I correct in that on May 3, 2004, this employee must be recertified even though she has not exhausted all 12 weeks available?
An employee started intermittent FMLA on May 3, 2003 and takes off periodically for a chronic condition. Am I correct in that on May 3, 2004, this employee must be recertified even though she has not exhausted all 12 weeks available?
Comments
Now that another year has passed, your EE is eligible for another 12 weeks assuming she worked enough hours to qualify (1250).
This type of request could trigger an employer's right to require recertification.
That's my take on it, but being a grasshopper seeking enlightenment, I would appreciate additional input.x:-)
The period of time shown as needed for the intermittend leave has expired.
There is reason to doubt the continuing validity of the certification.
The employee requests a leave extension.
or
The circumstances shown in the original certification have changed.
So, if the employee was originally certified by the physician as needing intermittent leave, say, for 18 months, or if you were careless enough to accept a cert that was entirely open ended...and the employee never reaches 12 weeks in a rolling year, you're going to be hard pressed to require recert. But, I would not go beyond 18 months in requiring recert, probably taking the second option shown above.
Our company has only had two EEs that had any re-certifications of FML. One is on-going. Her Doctor has been giving 10 day cert's and closely watching her depression symptoms. The doctor has been doing that during his normal course of treatment without any prompting from us. But this one is not intermittent. Our other one was and additional certifications came as the condition worsened and additional issues were diagnosed.
I only added that information because we have not had to request re-certification. Just reading the regs it looks like an Employer option every 30 days.
See 29CFR 825.308 (b)(2) ("For FMLA leave taken intermittently or on a reduced leave schedule basis, the employer may not request recertification in less than the minimum period specified on the certification as necessary for such leave unless one of the conditions set forth in paragraph (c) (1), (2) or (3) of this section is met." And those I outlined in my previous post.
Edit: sorry, I had an (x) where the (c) is supposed to be.