Sec.31-51qq-36. What happens if an employee fails to satisfy the medical certification or recertification requirements?

(a) Foreseeable leave. In the case of foreseeable leave, an employer may deny FMLA protection to an employee who fails to provide certification within the timeframe requested by the employer to furnish such certification (at least fifteen (15) calendar days after receipt of the employer’s request for certification, if practicable), until the required certification is provided.

(b) Unforeseeable leave and recertification. When the need for leave is not foreseeable, or in the case of recertification, an employee shall provide certification or recertification within the time frame requested by the employer (at least fifteen (15) calendar days after the employee’s receipt of the employer's request for certification), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. For example, in the case of a medical emergency, it may not be practicable for an employee to provide the required certification within fifteen (15) calendar days. If an employee fails to provide the initial medical certification or the recertification within a reasonable time under the particular facts and circumstances, then the employer may:

(1) In the case of an initial medical certification, deny FMLA leave protection until a sufficient certification is provided, and

(2) In the case of a recertification, deny FMLA leave continuation until the employee produces a sufficient recertification.

If the employee never produces the medical certification, the leave is not FMLA leave, and, if the employee never produces the recertification, the continued leave is not FMLA leave.

(c) Fitness-for-duty certification. When requested by the employer pursuant to a uniformly applied policy for similarly-situated employees, the employee shall provide a fitness-for-duty 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 if the employer has provided the required notice. The employer may delay restoration until the fitness-for-duty certification is provided. If an employer provides the required notice, an employee who does not provide a fitness-for-duty certification or request additional FMLA leave is no longer entitled to reinstatement under the FMLA.

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