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Medical recertification allowed?

Chrissy1Chrissy1 13 Posts
in HR & Employment Law Vote Up0Vote Down
For FMLA leave recertification, I know that an employer can ask for recert if it has "reason to doubt" the certification that was originally given, but does anyone have examples of what valid "reason to doubt" is? does it have to be medical? Or can a coworkers say-so that the employee is now "faking it" be enough to trigger "reason to doubt"? Thanks for any help on this one . . . dontcha love the FMLA?
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  • SFbaySFbay 156 Posts
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    The regs state that an employer may request subsequent recertifiction of medical conditions when it "receives information that casts doubt upon the employee's stated reason for the absence." I don't know whether another employee's statement that the person is "faking it" would by itself warrant recertification, but I would think it should at least trigger follow up.
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  • aharris1aharris1 27 Posts
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    You may ask for recertification when you receive information- but I would not solely rely on co-workers comments- I would speak to a supervisor or manager that has interaction with the employee and simply express your concern and see what you find. If the comments are valid- then ask for the recertification.

     

     

     

     

    Angie

    HR Manager 

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  • TXHRGuyTXHRGuy 1,586 Posts
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    The employer is not entitled to a second or third opinion on a recertification.  Perhaps you would prefer to challenge the initial certification before requesting recert? (29 CFR 825.308e)

     What is the nature of the information casting doubt on the original certification?

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