Sec.31-51qq-33. Under what circumstances may an employer request subsequent recertifications of a medical condition?

(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:

(1) The employee requests an extension of leave;

(2) Circumstances described by the previous certification have changed significantly, such as the duration or frequency of the absence, the nature or severity of the illness, or complications. For example, if a medical certification states that an employee needs leave for one (1) to two (2) days when the employee suffers a migraine headache and the employee's absences for his or her last two (2) migraines lasted four (4) days each, then the increased duration of the absences might constitute a significant change in circumstances allowing the employer to request a recertification in less than thirty (30) days. Likewise, if an employee had a pattern of using unscheduled FMLA leave for migraines in conjunction with his or her scheduled days off, then the timing of the absences also might constitute a significant change in circumstances sufficient for an employer to request a recertification more frequently than every thirty (30) days; or

(3) The employer receives information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification. For example, if an employee is on FMLA leave for four (4) weeks due to the employee's knee surgery, including recuperation, and the employee plays in company softball league games during the employee's third week of FMLA leave, such information might be sufficient to cast doubt upon the continuing validity of the certification allowing the employer to request a recertification in less than thirty (30) days.

(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.

(Adopted effective March 9, 1999; Amended August 3, 2022)