Recertification

dlail

We have two employees w/ chronic conditions. What is the recommended/required timeframes for recertification? Employee 1 has bipolar disorder, has intermittent FML time for appointments and has had an occasional episode that occurred without advance notice (nature of the beast). The second employee requires intermittent leave for spouse's chronic condition. Neither have maxed out leave time, but coniditions are permanent and ongoing.

stilldazed

Check your company's policy or prior experience; however, regulation requires no more often than every 30 days. See 825.308 of FMLA for specifics, as there are a few that dictate lesser frequency or a new certification if a status changes. As an aside, but very related, a 15-day minimum period is generally accepted by FMLA as a reasonable timeframe to present the statement once requested by the employer.

dlail

What I'm looking for is do I need to have a recertification more than once a year for these permanent conditions. For ex: the cert for the bi-polar indicated she's on medication to manage the condition, sees dr quarterly or more often as needed, and can have episodes unexpectedly where she simply cannot function which can last for 1 day or a couple weeks at a time. In her case she's had maybe 2 separate days where she has called in and explained she unable to report to work related to this condition. Were she to have an episode of more than three days, would that prompt a recertification?

stilldazed

Again, I think the safe bet would be to follow the precedent established at your company. As for mine, our routine with intermittent FMLA is to request certification with any status change and evidence of medical care with any absence. That is a drastic step and may not fit all work areas, but we are a fairly large employer, operate on a 24/7 schedule, include longterm care and daycare in our operations, both of which have mandated staffing ratios, and have a highly transient work force (no call/no shows). Anyway the routine works for us.

If your workforce is otherwise very stable, your information reliable, your history valid, once per year might be often enough. FMLA will not necessarily tell when/how often to request certification, but it does clearly spell out that if you don't ask for it, your employees don't have to present it.

Best wishes.

dlail

Thanks for your feedback. We have been consistent, I know this. Consistency is a big thing with me. That and documentation.

neveradull

I see no reason to do a recertification at all unless I find out something may have changed that could make them ineligible for FMLA. I would do a new certification annually at the start of an employees new FMLA year.