Recertification Procedures for FMLA

Notice: Contact HROE Employee Relations at Employee-Relations@tamu.edu or (979) 862-4027 for questions about FMLA.

FMLA Recertification Procedures for a New Fiscal Year

Texas A&M University administers the Family and Medical Leave Act (FMLA) on a fiscal year basis. Therefore, administrators should review and note the leave records of those employees whose FMLA-related absences (continuous or intermittent) will carry into the next fiscal year. Those selected employees will have to requalify for FMLA benefits and will have to have their family and medical leave (FML) recertified.

The evaluation of the eligibility period should begin with the first FMLA-related absence of the new fiscal year. To determine eligibility, the administrator should confirm the employee has worked the requisite 1,250 hours in the 12 months preceding the first request for FMLA leave in the new fiscal year.

Upon completion of the eligibility test, the employee should be given an FMLA packet and advised on the cover memo as to whether or not he/she qualifies for FMLA leave.

Note: Administrators must use caution before requiring an employee to provide an updated certification form, as FMLA law does not allow an employer to arbitrarily require a new form unless the employee is absent due to a potential FMLA-related condition.

Human Resources has created an optional, but recommended, FMLA Eligibility Notice for a New Fiscal Year form for administrators to use in lieu of the standard FMLA packet as employees transition their FML from one fiscal year to the next. The optional form will assist administrators with communicating their employees' FMLA status in the new fiscal year and will inform the employee if he/she is required to provide an updated certification form.

Below are examples of how to recertify an employee's FMLA leave for a new fiscal year in three scenarios:

  • Mary has been on intermittent FML since July 8. Her July 8 certification form states she will need intermittent leave through October 28 and will have a medical reevaluation on that date. Mary's condition causes her to miss work on September 17. The administrator should begin the 1,250 hour test on September 17, Mary's first FMLA-related absence of the new fiscal year.

    Upon finding that Mary qualifies for another 12-month allotment of FMLA leave, the administrator provides her with the FMLA packet (or the optional eligibility notice form) and informs her that her September 17 absence qualifies for FMLA leave. Mary should be instructed to provide an updated certification form from her October 28 scheduled visit to her practitioner.

  • Jin has been on continuous FML since June 28. He is absent on September 1, as his practitioner has placed him on continuous leave until November 10, when he will be re-evaluated for his return to work The administrator should begin the 1,250 hour test on September 1, Jin's first FMLA-related absence of the new fiscal year.

    Upon finding that Jin did not work the requisite 1,250 hours in the previous 12 months, the administrator should provide him with a packet (or the optional eligibility notice form) informing him that he does not qualify for another allotment of FMLA leave. The department may contact Employee Relations for available options regarding Jin's absence.

  • Carmen has been on intermittent FMLA since August 18. Her certification form dated August 18 indicates the intermittent leave is needed for an indefinite period of time. Carmen's first FMLA-related absence is on September 12, and she is absent again on September 21. The administrator should begin the 1,250 hour test on September 12, Carmen's first FMLA-related absence of the new fiscal year.

    The administrator should provide Carmen with the FMLA packet (or the optional eligibility notice form) and inform her as to whether or not she is qualified for FMLA leave. Regarding the September 21 absence, the administrator may refer to the "30-Day Rule" below and request recertification due to the undetermined time period of the intermittent leave.

Recertification Information for Times Other Than a New Fiscal Year

We may request recertification of FMLA leave from our employees during the course of this fiscal year; however, the requests must be made in accordance with FMLA rules and regulations.

30-Day Rule:
Generally, we may request recertification of FMLA leave no more than every 30 days and only in conjunction with an employee's absence. The employee must be given the standard 15 calendar days to return a requested certification form.
More Than 30 Days:
If the medical certification indicates that the minimum duration of the condition is more than 30 days, we must wait until that minimum duration expires before we may request a recertification. For example, if the certification states the employee will be unable to work for 40 days, we must wait 40 days before we request a recertification. Note: In any case, may request recertification every six months. All recertifications must be made in conjunction with an absence, and the employee must be given 15 calendar days to return a certification form.
Less Than 30 Days:

We may request recertification in less than 30 days if:

  • The employee requests FMLA leave beyond the return to work date of the latest certification form, or
  • Circumstances described by the previous certification have changed significantly.

For example, an employee's latest certification form indicates he may miss up to 2 days of work per week, but the employee begins to miss 3 to 4 days per week.

The employee must be given the standard 15 calendar days to return a requested certification form.

Important: recertification requests must be made in writing. Please contact HR for form letters to provide to an employee needing recertification or if additional assistance is required.