Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-39 - Recertifications for leave taken because of an employee's own serious health condition or the serious health condition of a family member (29 CFR Section 825.308)

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 must 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 must wait forty (40) days
			 before requesting a recertification. 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, such as 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.
An employer may request
			 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 stated that an employee
			 would need leave for one (1) to two (2) days when the employee suffered a
			 migraine headache and the employee's absences for his or her last two migraines
			 lasted four (4) days each, then the increased duration of absence 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 may 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.