Legal Question in Medical Leave in Florida

Re: family leave act

The employer has the right to do that under certain circumstances such as chronic leave. The rule is set forth below. Most do not because it is generally unnecessary unless there is a change in the condition or leave pattern.

If you feel there is no reason for the monthly request, or if your doctor charges you to do it or is objecting, talk to whoever runs FMLA at your company and see if they can help. If not, you can file a complaint, for free, with the US DOL (dol.gov). But, again, the company has the right to do this under the regulations at 29 C.F.R. 825.308, as follows:

(a) For pregnancy, chronic, or permanent/long-term conditions under

continuing supervision of a health care provider (as defined in

Sec. 825.114(a)(2)(ii), (iii) or (iv)), an employer may request

recertification no more often than every 30 days and only in connection

with an absence by the employee, unless:

(1) Circumstances described by the previous certification have

changed significantly (e.g., the duration or frequency of absences, the

severity of the condition, complications); or

(2) The employer receives information that casts doubt upon the

employee's stated reason for the absence.

(b)(1) If the minimum duration of the period of incapacity specified

on a certification furnished by the health care provider is more than 30

days, the employer may not request recertification until that minimum

duration has passed unless one of the conditions set

forth in paragraph (c)(1), (2) or (3) of this section is met.

(2) For FMLA leave taken intermittently or on a reduced leave

schedule basis, the employer may not request recertification in less

than the minimum period specified on the certification as necessary for

such leave (including treatment) unless one of the conditions set forth

in paragraph (c)(1), (2) or (3) of this section is met.

(c) For circumstances not covered by paragraphs (a) or (b) of this

section, an employer may request recertification at any reasonable

interval, but not more often than every 30 days, unless:

(1) The employee requests an extension of leave;

(2) Circumstances described by the previous certification have

changed significantly (e.g., the duration of the illness, the nature of

the illness, complications); or

(3) The employer receives information that casts doubt upon the

continuing validity of the certification.

(d) The employee must provide the requested recertification to the

employer within the time frame requested by the employer (which must

allow at least 15 calendar days after the employer's request), unless it

is not practicable under the particular circumstances to do so despite

the employee's diligent, good faith efforts.

(e) Any recertification requested by the employer shall be at the

employee's expense unless the employer provides otherwise. No second or

third opinion on recertification may be required.