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intermittent short-term absence related to chronic condition
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intermittent short-term absence related to chronic condition
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Can a company ask for medical documentation for every absence after a chronic condition has been established? This would include 1 -5 days of absence sporadically taken after an initial FMLA condition
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Forums » Topic Forums » Legal Forum » intermittent short-term absence related to chronic condition
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intermittent short-term absence related to chronic condition
posted at 6/29/1999 1:26 AM EDT
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Posts: 1
First: 6/29/1999 Last: 6/29/1999 |
Can a company ask for medical documentation for every absence after a chronic condition has been established? This would include 1 -5 days of absence sporadically taken after an initial FMLA condition was established? If no, how long would the period be before new medical would need to be established after the initial documentation was received? |
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intermittent short-term absence related to chronic condition
posted at 6/29/1999 11:57 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
According to the regs ($825.308), an employee can ask for recertification no more often than every 30 days, and then only in connection with an absence by the employee unless:
1. Circumstances described by the previous cert have changed drastically; 2. The employer receives information that casts doubt on the employee's stated reason for the absence; 3. In cases of intermittent or reduced-leave schedules, the employer is limited to asking no sooner than every thirty days unless, #1 above, or the employer receives information that casts doubt on the continuing validity of the certification. If you get a chance, contact the USDOL and ask for WH Publication 1419, Title 29, Part 825. It's a booklet containing the Act and a lot of well-explained FAQ's. The employee has 15 days from the employers request to comply. |
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