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Video instructions and help with filling out and completing fmla recertification form
Hello I'm Susan Schoenfeld a senior legal editor at BL RS Human Resources and employment law publications this is the third video in a series that answers questions we've received regarding medical certification under the Family and Medical Leave Act or FMLA medical certification certification is a topic of many tough questions we received from HR managers through our ask the expert service one aggravated lead manager recently asked us an employee has an intermittent leave to care for a child serious health condition can we require the employee to prus with a note from the child's physician for each missed day due to the child's serious health condition well the answer to this question is probably not once the need for FMLA intermittent leave has been certified an employer should not request additional medical documentation for absences because this may be viewed by the DOL as a request for medical research occation as a result FMLA rate regulations only allow an employer to seek recertification after 30 days unless specific exceptions apply which we will discuss in a few minutes medical certification of our particular condition is in effect for the duration of leave as specified on the certification itself so if the medical certification indicates that the minimum duration of the condition is more than 30 days an employer must wait until that minimum minimum duration expires before requesting a recertification and that again is unless one of the specific exceptions applies in all cases an employer may request a recertification of a medical condition every six months in connection with an absence by the employee therefore even if the medical certification indicates that the employee will need intermittent or reduced scheduled leave for a period index six months for example a lifetime condition the employer would be permitted to request recertification every six months in connection with an absence so what are these exceptions to the 30-day certification rule an employer may request recertification in less than 30 days if any of the three following circumstances exist first if the employee requests an extension of leave beyond that which is stated in the certification second if circumstances described by the previous certification have changed significantly for example if the duration or the frequency of the absence if it has changed or the nature or severity of the illness or complications has changed finally if the employer receives information that cast doubt upon the employee's stated reason for the absence for the continuing validity of the circumcision the employer may ask for recertification in less than the 30-day allowable window remember though that the employer may prthe health care provider with a record of the employees absence pattern and ask the health healthcare provider if the need for leave is consistent with such a pattern this is very helpful for employers needing to show a certified physician that the employees pattern of absences does not quite match up with what the doctors anticipated absences for.