One of the most frustrating parts of FMLA administration is navigating the maze of re-certification rules.

In general, you can require people on FMLA to keep you informed every 30 days about their status and planned return date. But there are several situations where you can bypass this rule.

Three scenarios

Generally speaking, there are three cases where you can bypass the rule limiting re-certifications to once every 30 days:

• The employee requests an extension of the approved leave period
• The circumstances of the original leave have changed (example: the employee reported complications after undergoing surgery), or
• You’re aware of information that raises reasonable doubt over the validity of the earlier certification.

Remember: Under FMLA, you can require a fitness-for-duty certification before your organization allows the employee to return to work. Just make sure the certification applies only to the health condition that caused the employee’s original request for leave.

Beware ADA overlaps
Another confusing aspect of FMLA re-certification is its potential overlap with the Americans with Disabilities Act (ADA). The ADA and FMLA differ in their rules for both disability-related communications and returns to work.

If the employee has a known ADA disability requiring accommodations (e.g., a bad back), all communications during FMLA must be job-related only. An exception: The person required FMLA for an unrelated condition.

The ADA also has tougher rules for return-to-work certifications. If the person has a chronic bad back but suffered a knee injury, you can’t require a general physical to check on both conditions.

There a few cases where ADA works to your benefit. You can require a new medical certification if it’s a new accommodation request. Generally speaking, you needn’t reinstate employees who:

• are no longer physically capable of performing their old jobs or the duties of a comparable position
• worked jobs where a light-duty assignment would cause undue hardships for other employees assigned to pick up the slack, or
• worked jobs in which light duty is impossible to offer.

But be careful: Both FMLA and ADA place tough standards on employers to prove that comparable position isn’t available and light duty isn’t feasible. The benefit of the doubt usually goes to the employee on leave.