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)
- You can demand that employees respond to FMLA leave questions
- Worker receiving disability benefits: Can we substitute unpaid FMLA for paid leave?
- Providing more leave than required? You can legally cut back
- Can we deduct partial days off from salaried employees' accrued leave?
- Tell employees on FMLA leave: No working from home