Getting recertifications from employees

LindaS

I have several employees who have a variety of chronic conditions that have qualified for FMLA intermittent leave in the past. Each year they are required to provide an updated certification for their conditions to allow them continued leave. I have one employee who received his paperwork in December (he had an appointment already scheduled). As of today's date I haven't gotten the updated paperwork from him. Can I deny him any more FMLA leave until I receive the updated paperwork or am I bound to continue granting him time off based on his last year's (2002) certification? To date he has had two appointments with his doctor but hasn't brought anything back in.

POPEYE

LindaS, the key is if you notified this EE in writing that you require re-certification in a specified period such as your 1 year. If you did, then I would say yes you may deny leave until you receive such certification. We specify in writing that re-certification is required for intermittent entitlement every 6 months. We also require that they submit verification each and every time they are out.

marc

Not only that, but I think the Act reads that the EE has 15 days to come up with the Recertification once you have notified in writing.