Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-33 - Under what circumstances may an employer request subsequent recertifications of a medical condition?

Current through July 10, 2024
(a)
Thirty
			 (30)-day rule.
An employer may request recertification no more often
			 than every thirty (30) days and only in connection with an absence by the
			 employee, unless subsections (b) or (c) of this section apply.
(b)
More than thirty (30) days.
If the medical certification indicates that the minimum duration of the
			 condition is more than thirty (30) days, an employer shall wait until that
			 minimum duration expires before requesting a recertification, unless subsection
			 (c) of this section applies. For example, if the medical certification states
			 that an employee will be unable to work, whether continuously or on an
			 intermittent basis, for forty (40) days, the employer shall wait forty (40)
			 days before requesting a recertification. However, the employer may require
			 that the eligible employee obtain subsequent recertifications on a reasonable
			 basis, provided the standards for determining what constitutes a reasonable
			 basis for recertification may be governed by a collective bargaining agreement.
			 In all cases, an employer may request a recertification of a medical condition
			 every six (6) months in connection with an absence by the employee.
			 Accordingly, even if the medical certification indicates that the employee will
			 need intermittent or reduced schedule leave for a period in excess of six (6)
			 months (e.g., for a lifetime condition), the employer would be permitted to
			 request recertification every six (6) months in connection with an
			 absence.
(c)
Less than thirty
			 (30) days.
Unless otherwise required by the employee's health care
			 provider, an employer may request one (1) recertification in less than thirty
			 (30) days if:
(1) The employee requests an
			 extension of leave;
(2)
			 Circumstances described by the previous certification have changed
			 significantly, such as the duration or frequency of the absence, the nature or
			 severity of the illness, or complications. For example, if a medical
			 certification states that an employee needs leave for one (1) to two (2) days
			 when the employee suffers a migraine headache and the employee's absences for
			 his or her last two (2) migraines lasted four (4) days each, then the increased
			 duration of the absences might constitute a significant change in circumstances
			 allowing the employer to request a recertification in less than thirty (30)
			 days. Likewise, if an employee had a pattern of using unscheduled FMLA leave
			 for migraines in conjunction with his or her scheduled days off, then the
			 timing of the absences also might constitute a significant change in
			 circumstances sufficient for an employer to request a recertification more
			 frequently than every thirty (30) days; or
(3) The employer receives information that
			 casts doubt upon the employee's stated reason for the absence or the continuing
			 validity of the certification. For example, if an employee is on FMLA leave for
			 four (4) weeks due to the employee's knee surgery, including recuperation, and
			 the employee plays in company softball league games during the employee's third
			 week of FMLA leave, such information might be sufficient to cast doubt upon the
			 continuing validity of the certification allowing the employer to request a
			 recertification in less than thirty (30) days.