The Essential Guide to Family & Medical Leave

170 | the essential guide to family and medical leave
Example: Brenda suffers from migraines. She has submitted a medical certification
from her doctor indicating that her migraines qualify as a chronic serious health
condition. The certification also indicates that her migraines will cause her to miss
several days of work each month, on average. Brenda has been taking about this
much leave for the past six months.
Brenda attends an after-work “happy hour” event to send off a coworker who is
leaving the company. After Brenda orders a glass of red wine, her friend John asks her,
“What’s going on? I’ve never seen you drink red wine before; I thought it triggered
your migraines.” Brenda says, “I know! My doctor gave me this new medication that
has totally changed my life! I’ve been eating chocolate, drinking red wine, and doing
all kinds of things I never used to be able to do, and I haven’t had a migraine for two
months now.”
Unbeknownst to Brenda, you—her manager—were standing behind her and
overheard the conversation. The next day, you ask Brenda to recertify her health
condition.
Incapacity for More Than 30 Days
If the employee’s original certification indicates that he or she will be
incapacitated or required to care for a seriously ill family member for more
than 30 days, the employer can’t request a recertification until the original
certification expires, unless any of the following are true:
• The employee requests an extension of leave.
• The circumstances described in the previous certification have changed
significantly.
• The employer receives information that casts doubt on the employee’s
stated reason for the absence.
The same rules apply if an employee is on intermittent or reduced-schedule
leave: The employer may not request a recertification within the minimum
necessary leave period described on the original certification unless one of
the three exceptions above applies.