From the Hotline: How Often to Request Certification Under FMLA

Question: How often can you request certification under the Family and Medical Leave Act (FMLA)?

Answer: As a general rule, in accordance with the Family and Medical Leave Act (FMLA), an employer may request recertification not less than every 30 days and only in connection with an absence by the employee. If the medical certification indicates that the minimum duration of the condition is more than 30 days, an employer must wait until that minimum duration expires before requesting a recertification.

An employer may request recertification in less than 30 days if:

  • The employee requests an extension of leave.
  • Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications).
  • The employer receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the certification.