Connecticut Administrative Code
Title 31 - Labor
51qq - The Family and Medical Leave Act
Section 31-51qq-33 - Under what circumstances may an employer request subsequent recertifications of a medical condition?
Current through December 12, 2024
(a) Thirty (30)-day rule. An employer may request recertification no more often than every thirty (30) days and only in connection with an absence by the employee, unless subsections (b) or (c) of this section apply.
(b) More than thirty (30) days. If the medical certification indicates that the minimum duration of the condition is more than thirty (30) days, an employer shall wait until that minimum duration expires before requesting a recertification, unless subsection (c) of this section applies. For example, if the medical certification states that an employee will be unable to work, whether continuously or on an intermittent basis, for forty (40) days, the employer shall wait forty (40) days before requesting a recertification. However, the employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis, provided the standards for determining what constitutes a reasonable basis for recertification may be governed by a collective bargaining agreement. In all cases, an employer may request a recertification of a medical condition every six (6) months in connection with an absence by the employee. Accordingly, even if the medical certification indicates that the employee will need intermittent or reduced schedule leave for a period in excess of six (6) months (e.g., for a lifetime condition), the employer would be permitted to request recertification every six (6) months in connection with an absence.
(c) Less than thirty (30) days. Unless otherwise required by the employee's health care provider, an employer may request one (1) recertification in less than thirty (30) days if:
(d) Timing. The employee shall provide the requested recertification to the employer within the time frame requested by the employer (at least fifteen (15) calendar days after the employee's receipt of the employer's request), unless it is not practicable to do so under the particular circumstances and despite the employee's diligent, good faith efforts and the employee notifies the employer of the need for additional time.
(e) Content. The employer may ask for the same information when obtaining recertification as that permitted for the original certification as set forth in section 31-51qq-31 of the Regulations of Connecticut State Agencies. The employee has the same obligations to participate and cooperate in the recertification process as in the initial certification process, including providing a complete and sufficient certification. On recertification, the employer is allowed to provide the health care provider with a record of the employee's absence pattern and ask if the serious health condition and the need for leave is consistent with such a pattern.
(f) The employer shall pay for any recertification that is not covered by the employee's health insurance. No second or third opinion on recertification may be required.