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Request certification at start of each FMLA year

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in FMLA Guidelines,Human Resources

A new Labor Department opinion letter makes clear that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new "FMLA year." (You can choose to calculate FMLA leave for employees in one of four ways, including as calendar years or a 12-month period starting at the employees' first FMLA absence.) That opinion letter holds true with a 1998 court ruling that said FMLA leave "cannot be taken 'forever' on the basis of one leave request." (Opinion letter FMLA2005-2-A)

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