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January 7, 2026

When (and how) to request FMLA recertification without creating compliance risk

Explore when and how to request FMLA recertification, understand compliance considerations, and follow a structured process to manage employee leave requests.

The recertification dilemma

It’s Friday afternoon, and you’re reviewing an employee’s attendance—a pattern that’s been bothering you for weeks. An employee approved for intermittent FMLA leave has a pattern: absences consistenly fell on Fridays, sometimes extending into three-day weekends. Their medical certification said they’d need occasional time off for flare-ups, but this feels less “occasional” and more predictable.

Can you give the employee an attendance point? Can you request updated medical information? Should you? And what happens if you get the timing wrong?

This is where FMLA recertification comes in—and where many employers get stuck. Recertification isn’t about catching employees doing something wrong. It’s about clarity: making sure the absences still aligns with the medical need that qualified the employee for FMLA protection.

But the rules are strict. Miss a deadline, skip proper notice, or apply the process inconsistently, and what should be routine becomes a risk.

What is FMLA recertification?

Recertification is the process where you request updated medical documentation from an employee’s healthcare provider to confirm the ongoing need for FMLA leave.

The initial certification establishes that the employee has a health condition requiring time off. It includes an estimate of how often and how long leave might be needed.

Recertification confirms:

The condition still qualifies for FMLA protection.
Leave usage aligns with medical facts.
The frequency and duration estimates are still accurate.

Here’s what matters for compliance: Recertification is not automatic. You must request it only under specific circumstances, within set timeframes, and follow a clear process. FMLA regulations protect employees from arbitrary or retaliatory requests for medical information. They balance your need to manage leave with your employee’s right to take time off, privacy, and job protection.

When you can (and can’t) request recertification

The 30-day rule: timing matters

You can request recertification no more than once every 30 days and only in connection with an absence—unless certain exceptions apply. This is an important rule. Request recertification too often, and you risk violating FMLA protections, which can lead to lawsuits, back pay, and regulatory scrutiny.

The Department of Labor (DOL) takes these rules seriously. Using recertification to harass employees or failing to follow the process can interfere with their FMLA rights.

Valid triggers for earlier recertification

You can request recertification sooner than 30 days if:

You notice a pattern of absences around scheduled days off, like Fridays or holidays.

Example: An employee certified for migraine-related leave consistently calls out on Fridays. Recertification lets the healthcare provider clarify whether Friday absences specifically align with the condition.

The employee exceeds the certified frequency or duration of leave.

Example: The initial certification said leave twice a month for four hours at a time, but the employee takes leave three to four times a week, often full days. Recertification clarifies if the condition worsened or the original estimate was off.

There’s a change in the employee’s medical condition or circumstances.

Example: An employee regularly uses intermittent FMLA, returns to work full-time for weeks with no absences, then suddenly resumes frequent absences. This change may justify recertification.

What doesn’t qualify

You cannot request recertification just because:

You’re frustrated with absences.
A manager “has a feeling” something’s off.
You want to pressure the employee to use less leave.
Another employee complained about coverage.

Arbitrary requests create compliance risks and may be seen as retaliation or interference with FMLA rights.

The recertification process: your 5-step roadmap

Identify the need and document the trigger.

Document what prompted the recertification request—pattern, excess absences, or changed circumstances. Note: The absences that led to your request remain approved, even if they exceeded the original certification. Recertification looks forward, not backward.

Notify the employee in writing.

Provide written notice explaining:

You’re requesting recertification and what it means
Why you’re requesting it (the specific trigger)
The deadline for submitting updated medical certification

Include a copy of the current certification or a summary of what was approved for context.

Provide the form and adequate time.

Send the appropriate medical certification form and give the employee 15 calendar days to submit it.

Review the updated certification.

Check if it’s complete and sufficient, addresses the trigger, and if there are gaps needing clarification. If incomplete, notify the employee in writing and allow more time to fix it.

Make leave decisions based on updated information.

Adjust the employee’s approved leave to match the recertification. This might mean changing the frequency or duration or clarifying which absences qualify. Document every step: your request, their response, your review, and decisions.

Best practices for staying compliant

Be consistent.

Apply recertification policies the same way for all employees. Inconsistency can lead to discrimination or retaliation claims.

Document everything.

Keep detailed records of triggers, notifications, responses, reviews, and decisions.

Train your team.

Make sure managers and HR understand when recertification is appropriate, the process, and privacy rules.

Use recertification wisely.

Just because you can request it doesn’t mean you should every time. Use it only when there’s a legitimate need, not to pressure employees.

Get it right the first time.

FMLA recertification is a helpful tool when used correctly. It clarifies when absence patterns don’t match certifications and helps you make informed leave decisions.

But the margin for error is small. Miss a deadline, skip proper notice, or apply the process inconsistently, and you risk costly problems.

With a clear process, proper training, and attention to timing, recertification becomes manageable—one more part of your FMLA compliance strategy.

Coming next

In Part 2, we’ll cover what to do when recertification doesn’t give you the answers you hoped for, what managers need to know, and common misconceptions that create risk.

Want guidance on FMLA recertification?

We know FMLA recertification raises questions that a blog post can’t always answer. Every situation is different. The patterns are nuanced. The stakes are real.

Join Jim Jantz, JD, our director of compliance, on Tuesday, January 28 at 2 pm ET for FMLA recertification requests that won’t ruin your year, a focused 30-minute webinar covering:

The medical certification process
When and why to request recertification
Navigating timing rules without creating liability
Real-world scenarios and how to handle them compliantly

When (and how) to request FMLA recertification without creating compliance risk

The recertification dilemma

What is FMLA recertification?

When you can (and can’t) request recertification

Valid triggers for earlier recertification

What doesn’t qualify

The recertification process: your 5-step roadmap

Best practices for staying compliant

Get it right the first time.

Coming next

Want guidance on FMLA recertification?

Contributor

Jim Jantz, JD

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