Cracking down on FMLA abuse: Ask for recertification more often
May 14, 2008 by Sam NarisiPosted 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.
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?
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
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??
July 30th, 2008 at 10:00 am
Lynn, If this is a true story, you need to seek employment elsewhere…
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.
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.
April 17th, 2009 at 2:14 pm
I am currently on FMLA intermittent leave, my leave is based on my pain level, i have what the they call eposidic condition, so sometimes i feel great and can go to work, other days – i have an episode and i am down for the count and have to use my FMLA. However, my Human Resorce person, handed me a form and said i need you to get recertified for FMLA leave, I just gave her updated papers last Sept 2008 – technically my papers are good till Sept 2009. She said it was because of a new form that FMLA put out, but when you read the document, it says you dont have to use this form but you can. So technically FMLA is not requiring this, i believe she is tryting to be sneeky. Not that i have a problem on getting in recertified, its just that if i dont have too why should i until my deadline is coming up and i ask for recertification. Plus I believe i am being harrassed. I keep getting comments from HR like are you sure you are sick you dont look it, or if you are so sick, why are you working or my favorite, your reveiw would have been better but with those absences i couldnt give you a better comment, My latest supervisor stated i gave your work to someone else because i never know when you are going to be here. So i believe i have several cases here, what do you think, should i pursue with DOL complaint or suing??
April 27th, 2009 at 5:10 pm
I have a staff person who had shoulder surgery 7 weeks ago. In surgery, his throat was injured from respirator tubes they inserted during surgery. He is now having throat issues because of it. Is the secondary throat injury part of the initial FMLA request for shoulder surgery? He is getting his personal physician’s opinion on extent of injury tomorrow. Not sure how to classify his time off for the throat issues.
May 5th, 2009 at 8:59 pm
I have an employee who I feel is abusing his intermittent FMLA. He provided us with medical documentation to support an FMLA but, he is out at least 1-2 days per week. Some days he calls into his supervisor stating he is too sick to come to work and some days he does not call in at all. His diagnosis is chronic sinutitus causing severe vertigo. My question is can we as a company ask for an excuse from his doctor each time he is out of work or can we just ask for re-cert every 30 days.