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Recertification Request for Employees on Intermittent FMLA

DeldraDeldra 14 Posts
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How often can you request a recertification for employees who are on an intermittent FMLA?  We have several who are on IFMLA due to asthma, migraine headaches, or sinus problems.  In most cases, the medical certification states for an "indefinite" period of time.  Can I "pester" them every 30 days? 

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  • dhall111dhall111 123 Posts
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    You can request every 30 days.
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  • TXHRGuyTXHRGuy 1,586 Posts
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    I think the rule is different for intermittent.  I think they get a year.  I'll try to look that up for you today.

     

    .... Ok, got a chance sooner than I thought.

     

    You can't ask for re-cert in a time period less than the time frame specified on the original certification except under certain circumstances.  The regs don't specify anything about an indefinite cert, but the figure one year remains in my head so it is probably determined at the case level which means, given the general absence of supreme court rulings for FMLA, that you need to check with counsel for what your own circuit says on that topic.

    http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.308.htm

    Also keep in mind that you cannot challenge a recert.  So, if your concern is about fraud, you should challenge the cert or investigate the employee, not ask for another cert.

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