Human Resource Blog

FMLA and Doctor Note

Can an employer request that thier employee provide doctor notes for thier appointments while using FML intermittently?

The U. S. Department of Labor states that an employer cannot request a re-certification no more often than every 30 days in connection with an absence unless the condition will last for more than 30 days. For conditions that are certified as having a minimum duration of more than 30 days, the employer must wait to request a re-certification until the specified period has passed, except that in all cases the employer may request re-certification every six months in connection with an absence by the employee. The regulations also allow an employer to request re-certification in less than 30 days if the employee requests an extension of the leave or if circumstances described in the previous certification have changed significantly, or if the employer receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the certification.

The law specifically states that you cannot require a doctor’s note every time an employee misses work, while using intermittent FMLA.