Page:United States Statutes at Large Volume 110 Part 6.djvu/520

 110 STAT. 4342 CONCURRENT RESOLUTIONS—APR. 16, 1996 §825.308 Under what circumstances may an employing oMce request subsequent recertifications of medical conditions? (a) For pregnancy, chronic, or permanent/long-term conditions under continuing supervision of a health care provider (as defined in § 825.114(a)(2) (ii), (iii) or (iv)), an employing office may request recertification no more often than every 30 days and only in connection with an absence by the employee, unless: (1) Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of absences, the severity of the condition, complications); or (2) The employing office receives information that casts doubt upon the employee's stated reason for the absence. (b)(1) If the minimum duration of the period of incapacity specified on a certification furnished by the health care provider is more than 30 days, the employing office may not request recertification until that minimum duration has passed unless one of the conditions set forth in paragraph (c)(1), (2) or (3) of this section is met. (2) For FMLA leave taken intermittently or on a reduced leave schedule basis, the employing office may not request recertification in less than the minimum period specified on the certification as necessary for such leave (including treatment) unless one of the conditions set forth in paragraph (c)(1), (2) or (3) of this section is met. (c) For circumstances not covered by paragraphs (a) or (b) of this section, an employing office may request recertification at any reasonable interval, but not more often than every 30 days, unless: (1) The employee requests an extension of leave; (2) Circumstsinces described by the previous certification have changed significantly (e.g., the duration of the illness, the nature of the illness, complications); or (3) The employing office receives information that casts doubt upon the continuing validity of the certification. (d) The employee must provide the requested recertification to the employing office within the time frame requested by the employing office (which must allow at least 15 calendar days after the employing office's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. (e) Any recertification requested by the employing office shall be at the employee's expense unless the employing office provides otherwise. No second or third opinion on recertification may be required. §825.309 What notice may an employing office require regarding an employee's intent to return to work? (a) An employing office may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. The emplo3n[ng office's policy regarding such reports may not be discriminatory and must take into account all of the relevant facts and circumstances related to the individual employee's leave situation. (b) If an employee gives unequivocal notice of intent not to return to work, the employing office's obligations under FMLA,

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