(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.
