Family & Medical Leave Act (FMLA)

An employer may require recertification of the continuing need for leave from a health care provider no more than every 30 days unless:

• The original healthcare provider certification was for a longer period, in which case the employer must wait the minimum duration specified OR
• The employee requests extension of the leave OR
• Circumstances in the previous certification have changed OR.
• The employer receives information that casts doubt on the employee's stated reason for the leave. 

In all cases, an employer may request recertification every six months in connection with an absence.

Information

The employer may require the same information as in the original certification.

Second or Third Opinions

There are no second or third opinions required for a recertification.

Expense

Recertification is at the employee's expense. 

If no recertification is produced

An employer may deny continuation of the leave until recertification is produced.

Confidentiality

Certifications are considered to be confidential medical records that must be maintained in files separate from an employee's personnel file.

NOTE: An employer may provide attendance records to a healthcare provider to ask whether the need for leave is consistent with the employee's serious health condition.

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