[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR825.308]

[Page 786-787]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents
 
 Subpart C_How do Employees Learn of Their FMLA Rights and Obligations, 
            and What Can an Employer Require of an Employee?
 
Sec. 825.308  Under what circumstances may an employer request subsequent 
recertifications of medical conditions?

    (a) For pregnancy, chronic, or permanent/long-term conditions under 
continuing supervision of a health care provider (as defined in Sec. 
825.114(a)(2)(ii), (iii) or (iv)), an employer may request 
recertification no more often than every 30 days and only in connection 
with an absence by the employee, unless:
    (1) Circumstances described by the previous certification have 
changed significantly (e.g., the duration or frequency of absences, the 
severity of the condition, complications); or
    (2) The employer receives information that casts doubt upon the 
employee's stated reason for the absence.

[[Page 787]]

    (b)(1) If the minimum duration of the period of incapacity specified 
on a certification furnished by the health care provider is more than 30 
days, the employer may not request recertification until that minimum 
duration has passed unless one of the conditions set forth in paragraph 
(c)(1), (2) or (3) of this section is met.
    (2) For FMLA leave taken intermittently or on a reduced leave 
schedule basis, the employer may not request recertification in less 
than the minimum period specified on the certification as necessary for 
such leave (including treatment) unless one of the conditions set forth 
in paragraph (c)(1), (2) or (3) of this section is met.
    (c) For circumstances not covered by paragraphs (a) or (b) of this 
section, an employer may request recertification at any reasonable 
interval, but not more often than every 30 days, unless:
    (1) The employee requests an extension of leave;
    (2) Circumstances described by the previous certification have 
changed significantly (e.g., the duration of the illness, the nature of 
the illness, complications); or
    (3) The employer receives information that casts doubt upon the 
continuing validity of the certification.
    (d) The employee must provide the requested recertification to the 
employer within the time frame requested by the employer (which must 
allow at least 15 calendar days after the employer's request), unless it 
is not practicable under the particular circumstances to do so despite 
the employee's diligent, good faith efforts.
    (e) Any recertification requested by the employer shall be at the 
employee's expense unless the employer provides otherwise. No second or 
third opinion on recertification may be required.