Cracking down on FMLA abuse: Ask for recertification more often

May 14, 2008 by Sam Narisi

Posted in: FMLA, In this week's e-newsletter, Latest News & Views

Getting appropriate medical certification is key to cracking down on FMLA abuse. But how often can you ask employees to get recertified?

Normally when an employee takes intermittent FMLA for long term conditions, you can ask for a new medical certification every 30 days, as long as the employee has been absent since the last certification. However, there are situations when companies can get a certification more frequently. Those are:

When details about the employee’s need for leave change (for example, he or she needs off more frequently, or for a longer duration each time), and
When the employer gets information that casts doubt on the legitimacy of the employee’s need for leave.

For example, if an employee gets approved for intermittent leave, takes sporadic absences for a while, but later starts taking time off every Friday afternoon, the employer can ask for a recertification.

Also, if company policy requires HR to check in with employees who are out on leave, and employees don’t seem to be home sick when they say they are, it’s OK to get a new certification.

Tags: fmla abuse, recertification, suspicious behavior

6 Responses to “Cracking down on FMLA abuse: Ask for recertification more often”

Rick Jones Says:
May 28th, 2008 at 12:04 pm
Sam,
I have a person who’s on intermittant FMLA. I have required him and others since I have been here to re-certify every 30 days. It’s my opinion that this employee is not on the level. His intermittant leave requested by his doctor does not match with the abscences he has been taking. I want a second opinion. What happens if he refuses? Can I disregard his FMLA?
Sam Narisi Says:
June 3rd, 2008 at 4:52 pm
Rick,

The law gives employers the right to ask for second opinions. It would seem that if an employee refuses to see a second doctor, he forfeits his right to leave. The FMLA is very explicit about the right to a second opinion.

Sam Narisi
Editor
HRLegalNews.com
Lynn Jones Says:
July 8th, 2008 at 8:31 pm
I believe I have been a victim of FMLA abuse, my employer forced me to report FMLA while still on company property each time I used the restroom. The Director feels 20 minutes a day is sufficient enough time to use the restroom in an 8 hour period. Each time I exceeded 20 minutes I was forced to request FMLA time. Is this illegal. What rights do I have? What do I need to do to report this??
HR Chris Says:
July 30th, 2008 at 10:00 am
Lynn, If this is a true story, you need to seek employment elsewhere…
Janet Slisher Says:
July 30th, 2008 at 3:48 pm
What if we think an employee is abusing FMLA for a spouse’s condition? Are we still permitted to ask for the spouse to get a second opinion? I think we are.
Scott Adams Says:
August 6th, 2008 at 9:29 am
Jante this might be a tricky one. Try calling the Dept of Labor’s Wage and Hour division. Just do a google search on the Dept of Labor for the number to call.