Recerts on Intermittent Leaves

Sunny D

We have several employees that use FMLA intermittently on an ongoing basis. The majority of these leaves are categorized as chronic conditions and the duration of the conditions are usually listed as unknown on the certs. We've recently made the decision to re-certify more frequently because the FMLA usage is impacting our business. We used to re-certify every 6 months (unless circumstances significantly changed)and now have decided to re-certify every 30-60 days. Needless to say, some employees weren't exactly thrilled with this, especially since some providers charge a fee to complete the certification. In reviewing the FMLA Regulation 825.308 b2, it states that an employer may not request re-certification in less than the minimum period specified on the certification for intermittent or reduced leave schedule, unless the employee asks for an extension, cirumstances have change or we receive info that casts doubt on the validity of the certification.

My issue is that the majority of the certs/recerts I receive do not indicate a duration of the condition. They're open ended. However, I recently received a re-cert that indicates the probable duration of the condition (child of the employee has asthma)to be one year. So, does that mean we can not re-certify until then (unless cirmcumstances change). Just interested to see if anyone else has come across this issue.

Don D

I'm afraid that's what the law appears to be under 825.308. But, you can always claim to have "received information that casts doubt upon the continuing validity of the certification". And, who knows, maybe you'll receive information indicating that children with asthma should be seeing a physician more regularly than annually or that leads you to believe asthmatics improve more often than annually. I'm sure the asthma sufferers out there might pound me, but, I'm just reading the regs. That option IS open to you.

Now for those who produce the famous open-ended medical certification from Dr. Notorious, you can require that they recertify every 30 days. x:-)

signed...A Fellow Recovering HR FMLA Process Administrator