Can we request FMLA recertification for each migraine?

By Susan Lessack
6/28/2009 - 9:00am
Employment Law

Susan Lessack

Pepper Hamilton LLP
Berwyn, PA
www.pepperlaw.com
lessacks@pepperlaw.com
(610) 640-7806

Susan K. Lessack defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

View all articles by Susan Lessack

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reasons for the absences? Can we ask for information each time the employee is absent? — G.E., Florida

A. In general, you can ask for FMLA recertification no more often than every 30 days and even less frequently if the original certification stated that the employee’s condition would last longer than 30 days.

However, in certain circumstances, you can ask for recertification in fewer than 30 days. Those circumstances include when the employee’s absences frequently occur on Fridays and Mondays or when the employee’s absences reflect a change from what was contemplated by the original certification, such as being of longer duration. (FMLA 29 CFR 825.308)

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1 Response to "Can we request FMLA recertification for each migraine?"

krisshan

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Can we request FMLA recertification for each migraine?

Susan Lessack

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