TSA's Revised FMLA Recertification Rules: What Officers Need to Know

On February 12, 2026, TSA's Assistant Administrator for Human Capital Thomas J. Regan issued Human Capital Advisory Memo 2026.63-1A, amending the FMLA recertification provisions in TSA MD 1100.63-1, Absence and Leave. TSA operationalized those changes in an April 2026 fact sheet issued to management. Neither document was broadly communicated to officers. Both are now in the record.

The changes tighten the conditions under which TSA can demand additional medical documentation from officers on approved FMLA leave, shift certain documentation costs onto officers, and introduce recertification triggers that are broadly written and TSA-initiated. Combined with the Annual Medical Certification program now being implemented across the workforce, these changes create a compliance landscape officers on approved FMLA leave need to understand before they receive a recertification request.

FMLA Requests and Fitness-for-Duty Evaluations

MD 1100.33-2 Section 6.A.(3) states that management may initiate a fitness-for-duty evaluation when they learn of an employee's medical condition through an FMLA request, subject to OCMO concurrence. TSA's Medical and Psychological Guidelines cover a broad range of conditions including cardiovascular disease, diabetes, sleep disorders, neurological disorders, psychiatric conditions, musculoskeletal conditions, and medications. OCMO administers both the AMC program and the management-initiated fitness-for-duty evaluation process under MD 1100.33-2.

TSA's Medical and Psychological Guidelines specifically cover shift work disorder. An officer who seeks FMLA leave for a mental health condition or work-related exhaustion may be disclosing a condition that falls within the guidelines' psychiatric or sleep disorder standards, which creates the intersection between FMLA and the fitness-for-duty evaluation pathway under MD 1100.33-2 Section 6.A.(3).

What the Policy Record Shows

On January 26, 2026, TSA issued Sources Sought notice 70T01026I7663N001, conducting market research for contractors capable of performing Fitness for Duty and Independent Medical Examinations. The draft Statement of Work explicitly references TSA's Medical and Psychological Guidelines as the examination standard and identifies the specialty areas to be covered: Orthopedics, Internal Medicine, Cardiology, Neurology, Ophthalmology, Psychology, and General Psychiatry.

What the Prior Rules Established

Under the prior standard, TSA could require FMLA recertification no more than once every 30 days for pregnancy, chronic conditions, or long-term conditions, and only in connection with an absence. For other serious health conditions, TSA could not require recertification until the minimum duration specified by the health care provider had passed. Those recertification requests were at TSA's expense.

What the February Memo Changed

The February memo amended two provisions. For pregnancy, chronic conditions, and long-term conditions, TSA may now require recertification on a periodic basis but not more than once every 30 calendar days. That standard is largely consistent with prior practice.

The more significant change applies to all other serious health conditions. Under HC Advisory Memo 2026.63-1A, Section O.9(p), TSA may now require recertification more frequently than every 30 days, or more frequently than the minimum duration specified on the original certification, if any one of three conditions is met: the employee requests an extension of the original leave period, the circumstances described in the original certification have changed significantly, or TSA receives information that casts doubt on the continuing validity of the original certification. The April 2026 FMLA Recertification Fact Sheet confirms the same three triggers.

The Third Trigger

The first two triggers are officer-initiated. An extension request or a significant change in circumstances originates with the officer or their condition. The third trigger is TSA-initiated and broadly defined.

The Cost Shift

Under the prior standard, periodic recertification requests were at TSA's expense. Under the amended rules, recertification triggered by any of the three conditions is at the officer's expense. That means an officer whose AMC questionnaire or leave pattern prompts a recertification request bears the cost of obtaining updated documentation from their health care provider, during non-duty hours.

The April fact sheet confirms officers have 15 calendar days to submit recertification, with a single 15-day extension available if the officer demonstrates good faith effort. Failure to recertify on time allows TSA to deny FMLA protection and charge the absence as AWOL.

Protections Officers Should Know

TSA employees are protected against adverse action taken because they exercised FMLA rights. The Rehabilitation Act provides additional protections against disability-based adverse action for TSA employees with qualifying conditions. TSA MD 1100.73-3, Anti-Harassment Program, prohibits retaliation against employees for reporting harassment or participating in a harassment inquiry.

Officers who believe they have experienced retaliation or disability-based adverse action should contact TSA's Equal Opportunity and Civil Liberties Division within 45 days of the alleged action to preserve their EEO complaint rights. Officers should also consult qualified legal counsel.

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