FMLA Doctor notes--How Often?

System

We have an employee who has an on-going condition. He's healthy for a while and then has bad days for a few weeks. Sometimes he'll have a couple bad days and then be fine for a few months. When he has these flare-ups for a day or two after a lengthy period of being well, can I ask that he provide a doctor's note verifying that he indeed missed work due to his chronic condition. I'm concerned that he may take advantage of his FMLA rights and when he's out for other reasons, tell me that it's his on-going problem. How frequently can I ask for a doctor's note confirming that his condition flared-up?

Debra F

I believe that the law states that you cannot request recertification more frequently than every 30 days. Anything more often could be considered harassment.

Don D

Employment attorneys have advised our company that we can and should "Require a fitness for duty report or continuing medical provider certification of ongoing treatment on a 30-day basis, whether during FMLA or beyond FMLA, for potential ADA purposes". Further advised that the documents should each describe the ailment, comment on the treatment, diagnosis and limitations that continue which prevent the ee from doing the job, not simply a note stating ee Doe is under my care and can return on date uncertain". This was especially critical to us in January when FMLA for an ee expired and he never would follow those instructions that were sent by registered mail and documented in several phone conversations with HR. The advice given at that time was that "He has not established a continuing disability, has not complied with company directives regarding the 30-day medical documentation, has requested no accomodation beyond FMLA and therefore has no current ADA protection." He was sent a registered termination letter stating those reasons for termination.