(a) In the case of foreseeable leave, an employer may delay the
taking of FMLA leave to an employee who fails to provide timely
certification after being requested by the employer to furnish such
certification ( i.e., within 15 calendar days, if practicable), until
the required certification is provided.
(b) When the need for leave is not foreseeable, or in the case of
recertification, an employee must provide certification (or
recertification) within the time frame requested by the employer (which
must allow at least 15 days after the employer's request) or as soon as
reasonably possible under the particular facts and circumstances. In the
case of a medical emergency, it may not be practicable for an employee
to provide the required certification within 15 calendar days. If an
employee fails to provide a medical certification
within a reasonable time under the pertinent circumstances, the employer
may delay the employee's continuation of FMLA leave. If the employee
never produces the certification, the leave is not FMLA leave.
(c) When requested by the employer pursuant to a uniformly applied
policy for similarly-situated employees, the employee must provide
medical certification at the time the employee seeks reinstatement at
the end of FMLA leave taken for the employee's serious health condition,
that the employee is fit for duty and able to return to work (see
Sec. 825.310(a)) if the employer has provided the required notice (see
Sec. 825.301(c); the employer may delay restoration until the
certification is provided. In this situation, unless the employee
provides either a fitness-for-duty certification or a new medical
certification for a serious health condition at the time FMLA leave is
concluded, the employee may be terminated. See also Sec. 825.213(a)(3).
