Medical Certification

carteret

Hello Fellow HR People ~

I was at a regional conference this past week and was told that the DOL had issued an opinion letter on how often we could request Medical Certification. I know the regs say not less than every 30 days, but I was told that this opinion letter deals with what to do when you suspect someone is abusing FMLA under the intermittent leave.

Does anyone out their have any information on when you can require it to be done more often.

Thanks,
Deirdre

Don D

You don't need an opinion letter. The regs are clear. They state that for full time FMLA you may not require re-certificatiion any more often than each 30 days. And, for intermittent FMLA, the regs state that you MAY NOT require recert during the entire period covered by the original certification, UNLESS (either)the employee requests an extension of leave, circumstances described by the certification have changed significantly, or, the employer receives information that casts doubt upon the continuing validity of the original certification. (29CFR 825.308)

I see no ambiguity or vagueness in the regs.