Take 2: Does Annual FMLA Certification First Require an Employee’s Absence?

The feedback from last week’s blog post on annual FMLA certification came fast and furious. Most of it was complimentary (thank you!), but several of my fellow FMLA nerds raised an interesting issue. They noted that the FMLA regulation covering “annual” certifications does not specifically state that the certification in the new FMLA year must come in conjunction with an absence. So, they question whether an employer actually has to wait for the first absence in the new FMLA year before seeking new certification.