FMLA Recertification and Second Opinions: Your Rights

Introduction

You've been approved for FMLA, but your employer wants updated paperwork. When can they ask for recertification? And what happens if they don't believe your doctor? Here's what you need to know.

When Employers Can Request Recertification

### Every 30 Days For ongoing conditions, employers can request recertification every 30 days if: - You're actively using leave, AND - The previous certification is about to expire

### Less Than 30 Days If: - Circumstances have changed significantly - Employer receives information casting doubt on the reason for absence - You request an extension of leave

### At Minimum Every 6 Months For chronic conditions with indefinite duration, at least every 6 months.

What Recertification Requires

Generally the same information as the initial certification: - Nature of the condition - Expected duration/frequency - Whether condition still exists - Any changes in treatment

**Who pays:** Employee is responsible for recertification costs.

Second and Third Opinions

### When Employers Can Request If your employer has **reason to doubt** the validity of your certification, they can require a second opinion from a doctor of their choosing.

### The Process 1. Employer designates a healthcare provider 2. You must submit to the examination 3. Employer pays all costs (including travel, lost wages) 4. The doctor cannot be employed by your employer regularly

### If Opinions Conflict - A **third opinion** is required - You and employer must agree on the third provider - The third opinion is **final and binding**

Your Rights During Recertification

Employer cannot deny leave while awaiting recertification
15 days to provide updated certification (unless not practicable)
Cannot be required to provide more information than what's on the form

Red Flags: Potential Abuse of Recertification

Watch for: - Requests more frequent than every 30 days without valid reason - Demanding information beyond the certification form - Retaliation disguised as "policy"

Conclusion

Recertification is a legitimate employer tool, but it has limits. Know your rights, respond to requests promptly, and document any patterns that seem retaliatory.

**Need the form?** Our [Form Finder](/forms) has all certification forms.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*