A new Labor Department opinion letter makes clear that you can require employees to provide new medical certification, not just recertification, for their firstabsences in a new "FMLA year." (You can choose to calculate 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)
- Doubt medical certification's accuracy? You're allowed to seek a second opinion
- Give employees fair shot to verify leave
- Does time in alcohol rehab count for FMLA leave?
- Sick employee wants less overtime? Consider that a request for intermittent FMLA leave
- Can you fire a poor performer who's on FMLA leave?