FMLA
diversity2
2 Posts
If someone is on intermittent FMLA and the condition is listed as lasting "for life" how often can you ask for recertification?
diversity2
2 Posts
Comments
An employer may request recertification of an employee’s serious health condition no more often than every 30 days, unless a specific exception applies (an extension of leave, changed circumstances, or doubt is cast on original certification). If the medical condition is a chronic or long-term condition certified to last more than 30 days, the rules say you have to wait for the minimum duration of the condition (appearing in the certification) to expire before requesting a recertification, unless one of the specific exceptions (above) applies.
The rules also say that healthcare practitioner may NOT generally state that the health condition will last a “lifetime,” or that the duration of the condition is “unknown,” or “indeterminate.” Instead, the healthcare practitioner is forced by DOL’s certification form to estimate the frequency and duration of the condition in terms of times per week or month, and hours or days per episode. According to FMLA regs, answers of an indeterminate nature may be deemed insufficient and require the employee to cure certification. I would ask for the employee to get the HCP to clarify/give a more determinate duration.
An employer may request recertification of an employee’s serious health condition no more often than every 30 days, unless a specific exception applies (an extension of leave, changed circumstances, or doubt is cast on original certification). If the medical condition is a chronic or long-term condition certified to last more than 30 days, the rules say you have to wait for the minimum duration of the condition (appearing in the certification) to expire before requesting a recertification, unless one of the specific exceptions (above) applies.
The rules also say that healthcare practitioner may NOT generally state that the health condition will last a “lifetime,” or that the duration of the condition is “unknown,” or “indeterminate.” Instead, the healthcare practitioner is forced by DOL’s certification form to estimate the frequency and duration of the condition in terms of times per week or month, and hours or days per episode. According to FMLA regs, answers of an indeterminate nature may be deemed insufficient and require the employee to cure certification. I would ask for the employee to get the HCP to clarify/give a more determinate duration.
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