Recertification gives employers a structured way to ensure that an employee's need for leave under the Family and Medical Leave Act (FMLA) continues to be valid over time and still qualifies for FMLA protection. It acts as a safeguard against misuse, especially for intermittent leave, and helps confirm that the frequency and duration of absences remain consistent with the original medical certification.
Let’s dig into the second tool, recertification.
Employers may request recertification:
- Every 30 days when the employee is on continuous or intermittent leave.
- Every six months in connection with an absence if the condition is certified to last longer than 30 days, even if the minimum duration of the condition is more than six months (e.g., 12 months or lifetime). However, if the existing certification supports that the minimum duration of the condition is more than 30 days, the employer must then wait until the minimum duration expires before requesting recertification (e.g., if duration is 40 days, the employer may request recertification only after the 40 days are up).
- Sooner if:
- The employee requests an extension of leave.
- Circumstances change significantly (e.g., increased frequency of absences).
- The employer receives information that casts doubt on the validity of the certification (e.g., inconsistent attendance patterns).
Best practice: Employers should make sure their leave tracking system is equipped to flag when recertification becomes eligible. This helps ensure they’re exercising this right consistently and fairly.
Avoiding pitfalls: Legal and practical reminders:
- Don’t request more information than the law allows.
- Apply policies and procedures for recertification consistently to avoid any impression of potential favoritism or disparate treatment.
- Always maintain the confidentiality of medical records.
- Consider training HR or a leave team on the subtleties of medical certification procedures.
For additional information, check out Part 1 on understanding the distinction between authentication and clarification, or see Fact Sheet #28G: Medical Certification under the Family and Medical Leave Act | U.S. Department of Labor.
