FMLA renewal
How often do FMLA papers need to be renewed (if at all)?
When an employee applies for unpaid leave under the federal FMLA, the doctor specifies the length of time that the condition is expected to last. The employer can require recertification (and new FMLA papers) when that length of time ends. If the doctor specifies 6 weeks, then the employer can require re-certification after 6 weeks.
For an ongoing or permanent condition, the employer can require recertification every 6 months, as long as it is in connection with an FMLA absence. Suppose Joe takes FMLA intermittently for migraines. After 6 months, the next time Joe is absent for a migraine, the employer can request recertification and new FMLA papers.
Tags: FMLA, re-certification, recertification
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May 4th, 2010 at 3:27 am
if i have fmla for my migraines and been renewen it ever 6mo but now they are doing it every 3 mo is that legle
May 4th, 2010 at 7:15 pm
Hi John! If your doctor is filling out the FMLA forms for 6 months or an ongoing condition and the employer is requiring recertification every 3 months, no, that is not legal under the current FMLA regulations. File a compalint with the US Department of Labor at http://www.dol.gov. Thanks for reading the blogs, !~ Caitlin