FMLA – Back To Basics – Recertification And New Certification

In addition to obtaining an initial medical certification when an employee first requests leave under the Family and Medical Leave Act (“FMLA”), employers are permitted to seek a “recertification” and even a “new” certification in appropriate circumstances.  This post discusses the differences between these certifications and the processes surrounding them. 

Initial Certification

After receiving an initial request for FMLA leave for a qualifying reason involving the employee's own serious health condition or the employee's family member's serious health condition, employers are permitted to require the employee to submit a medical certification establishing the need for leave for a qualifying reason and setting forth the anticipated frequency and duration of the leave.