Getting appropriate medical certification is key to cracking down on FMLA abuse. But how often can you ask employees to get recertified?
Normally when an employee takes intermittent FMLA for long term conditions, you can ask for a new medical certification every 30 days, as long as the employee has been absent since the last certification. However, there are situations when companies can get a certification more frequently. Those are:
- When details about the employee’s need for leave change (for example, he or she needs off more frequently, or for a longer duration each time), and
- When the employer gets information that casts doubt on the legitimacy of the employee’s need for leave.
For example, if an employee gets approved for intermittent leave, takes sporadic absences for a while, but later starts taking time off every Friday afternoon, the employer can ask for a recertification.
Also, if company policy requires HR to check in with employees who are out on leave, and employees don’t seem to be home sick when they say they are, it’s OK to get a new certification.