I have had an intermittent FMLA certification for the past 8 years. There’s a new person in H.R. saying that I need to bring her updated medical information, even though my condition has not changed. Can she do that?
Ann Kiernan replies:
Yes. The applicable regulation (29 C.F.R. §825.305(e)) says that:
Where the employee’s need for leave due to the employee’s own serious health condition, or the serious health condition of the employee’s covered family member, lasts beyond a single leave year (as defined in §825.200), the employer may require the employee to provide a new medical certification in each subsequent leave year.
Posted 11-18-2020
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.