FMLA Recertification Question

Are employee's who have been out on intermittent FMLA, required to meet all FMLA qualifications upon recertification of the original leave? Specifically, in order to qualify for additional FMLA for the original health condition, must they have worked 1,250 hours preceding the new request? I can't seem to find that information anywhere.

Thanks in advance!


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  • Employee eligibility is determined (and notice must be provided) at the start of the first instance of leave for each FMLA-qualifying reason in the applicable 12-month period. All FMLA absences for the same qualifying reason are considered a single leave, and employee eligibility for that reason for leave does not change during the applicable 12-month period.

    As a result, for recertification of the original condition during the leave for which the employee was originally determined to be eligible (i.e., recertification due to a change in circumstances, expiration of the 30 day period or when the employer has a reason to doubt the original certification), the employer does not re-determine FMLA eligibility (since eligibiilty was already determined at the beginning of the leave period). However, if recertification is being done because the 12-month eligibility period has expired, the employer should make a new determination regarding the employee's 1,250 hours of work, etc.

    If, at the time an employee provides notice of a subsequent need for FMLA due to a [B]different [/B]FMLA-qualifying reason (during the applicable 12-month period), and the employee’s eligibility status has not changed, no additional eligibility notice is required.

    If, however, the employee’s eligibility status has changed (e.g., if the employee has worked less than 1,250 hours of service for the employer in the 12 months preceding the commencement of leave for the subsequent qualifying reason or the size of the workforce at the worksite has dropped below 50 employees), the employer must notify the employee of the change in eligibility status within 5 business days, absent extenuating circumstances.

    Simple, right? ;)
  • Can you explain a qualifying agency to me? We are an agency of under 30 employees, but we are considered to be a County Agency. Are we a qualifying agency? :-/
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