Fmla Recertification Requirements Explained

Summary

Under the Family and Medical Leave Act (FMLA) in New York State, an employee must have worked a minimum of 1,250 hours in the past 12 months to be eligible. If an employees intermittent leave certification expires and they havent met the hours requirement, they would need to accrue the required hours again for FMLA eligibility, even for the same condition. The start date for the new certification would be when the employee has again met the 1,250 hours requirement. Once an employee qualifies and the intermittent leave is certified, they can take leave throughout the year even if their hours drop below 1,250. However, they must meet the requirement again for a new certification after the current one expires.

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Employer
As an employer, the FMLA requires you to count the *,* hours in the 12 months immediately preceding the start of leave. If your employee has not met this upon expiration of their FMLA leave, they would usually need to work up to *,* hours again before being eligible for another FMLA leave.
If it’s an intermittent cert and the leave started on */*/* and they had the hours at that time but once the certification expires they would need * hours again even for the same condition?
Yes, typically under the FMLA in NYS:
- The *,* hours requirement is assessed at the start of an employee's leave.
- If the intermittent leave certification expires and the employee hasn't met the hours requirement, they'd need to accrue the required hours again for FMLA eligibility, even for the same condition.
So the start date for the new certification would be different?
Yes, the start date for the new certification would be when the employee has again met the *,* hours requirement, even if it's for the same condition.
How are they able to call out for a year under the current intermittent cert when they don’t have enough hours?
Under FMLA, once an employee qualifies and the intermittent leave is certified, they can take leave throughout the year even if their hours drop below *,*. But they must meet the requirement again for a new certification after the current one expires.