[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.308]



[Page 783-784]

 

                             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 784]]



    (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.