The Essential Guide to Family & Medical Leave

chapter 8 | Medical Certifications (Proof of Illness) | 169
You must give an employee at least 15 days to return the recertification
form (you can use the regular certification form for this purpose). You
cannot request a second or third opinion for a recertification. How often you
can request a recertification depends on the type of serious health condition
and the circumstances of the employee’s leave.
Tip
You can ask for a new certification every year. You have the right to
request an entirely new medical certification—not a recertification—once
an employee takes or requests leave in a new leave year. Even if you
already requested a certification or recertification, you can request a new
certification upon a new leave request after the employee’s 12-month
leave period rolls over. Unlike a recertification, you can get a second or
third opinion on this new year certification.
Pregnancy, Chronic, and Permanent or Long-Term Conditions
When an employee takes FMLA leave for pregnancy, a chronic serious
health condition, or permanent or long-term incapacity (see Chapter 4 for
more information on each of these categories), an employer generally may
request recertification only in connection with an absence, and no more
often than every 30 days. However, the employer may request more frequent
recertifications in either of the following cases:
• The circumstances described in the previous certification have changed
significantly (for example, the employee has suffered complications or
has been absent more often or for a longer period of time than was stated
on the previous certification).
• The employer receives information that casts doubt on the employee’s
stated reason for the absence.