Selasa, 13 April 2010

How to Deal With Medical Condition Changes and Intermittant Fmla Leave

When intermittent FMLA leave circumstances change, you can ask for re-certification. In usual cases, re-certification can be done at 30 day intervals for non-chronic conditions and at 6 month intervals for chronic conditions. However, under certain circumstances, you can ask for FMLA certification before thirty days.



1. Check to see when people are taking their intermittent FMLA leave. If they usually took off one or two mornings a week per month. However, this summer, all of the sudden they have started to take off most Fridays and a few Mondays. This could be a re-certification trigger.

2. Ask if the medical circumstances behind the leave has changed. Department of Labor opinion letters have said that you can get a re-certification in fewer than 30 days where somebody has* requested an extension of the leave *where there are some changed circumstances *or the pattern is very different than it was when originally approved

3. If you doubt the credibility of their medical condition, if then you can ask for a re-certification

4. Give them 15 days to provide a re-certification of their "serious" medical condition

5. Make a decision on their intermittent FMLA leave status

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