certification due date

We have an employee who has been certified for FML and has over the past year, taken advantage of her leave. I would like to recertify since a year has elapsed since the original certification. I gave her the paperwork a couple of weeks ago and asked to have it returned today, 6/2. So far she has not returned the certification. Should I wait for her to request FML again and ask for the certification or should I remind her that her certification was due today? Usually her FML is intermittent--a day here, a day there. Thanks.


  • 6 Comments sorted by Votes Date Added
  • Mushroom -

    Check out Recertification thread may help to answer this question due to the intermittent status.
  • I have had this same situation and what I have done is composed a letter informing the EE that their date has passed to return the certification form. I also inform them that, until a new certification is received, all FMLA will be denied.

    Hope this helps.

  • In hindsight, I would have put the demand for recertification in writing to her with a specific date for having it back in my hands. "A couple of weeks" is certainly more than required and it's not reasonable for her not to have complied. In the event I HAD given her the demand in writing, I would not write to tell her future requests will be denied. If I HAD NOT put the demand in writing, I would now write her, reference that specific conversation and tell her FMLA will not be approved going forward.

    Don't forget the intermittent rules about recert though. As was mentioned, they are posted on one of the threads further down the list.
  • Requesting recertification starts a 15 day clock, but, as Don D said, if it is not in writing, you do not have good proof that you made the request. An certified letter, return receipt is great evidence that you made the request and established a deadline. If the deadline is not met, you are justified in denying the leave until the EE has complied.

    As mentioned, recertifying intermittent leave is a different kettle of fish with different rules.
  • I did give this employee a firm date to have the cert back; the date being 6/2. Haven't heard a word from her. On the original cert. in 5.c. the doctor states that the employee "will be incapacitated from time to time with acute exacerbation". There was no mention of the duration of the patient's incapacity in the original cert. Does this mean I can't ask for recertification since the doctor left it pretty much open-ended?
  • That seems like an odd comment. But, yes, you are certainly free to require recert on an open-ended certification, since that's what you're dealing with. The main problem I see is that you approved an open-ended leave. I never do that. The only situations mentioned in the regulations where intermittent leave can be mandatorily recertified are (1) The employee requests an extension of leave, (2) Circumstances described by the previous certification have changed significant'y, or (3) The employer receives information that casts doubt upon the continuing validity of the certification.

    The last one is a fairly large and vague opportunity for you to require recertification. You reviewed the employee's file and in so doing, came upon what you think is information making you doubt or not know that the certification remains valid after the passage of a year. And you want to operate the program fairly and in keeping with the regulations. Who can say that you do not have doubt. You do. Based on my experience, I do not think the DOL would fault you for it.
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