When to seek a second opinion after FMLA?

Employer Can Seek Second Opinion After Doctor Finds Employee Fit to Return From FMLA Leave. On a number of occasions, we have discussed whether an employer can keep an employee out on FMLA leave even though they want to return, or whether an employer can require an employee to undergo a full medical examination before returning from FMLA leave.

How often should an employer request FMLA recertification?

travel expenses for the employee or family member. While waiting for the second (or third) opinion, the employee is provisionally entitled to FMLA leave. RECERTIFICATION . In general, the employer may request the employee to provide a recertification no more often than every 30 days and only in connection with an absence by the employee.

Can a employer keep an employee out on FMLA?

On a number of occasions, we have discussed whether an employer can keep an employee out on FMLA leave even though they want to return, or whether an employer can require an employee to undergo a full medical examination before returning from FMLA leave.

When does an employer need to seek a second opinion?

This scenario often arises where the employer has concerns about whether the employee is mentally fit to return to work, although the concern is properly raised whenever there are legitimate reservations about whether the employee can perform the duties of the job.

Do you need a second opinion for FMLA?

Second Opinion. An employer who has reason to doubt the validity of a medical certification may require the employee to obtain a second opinion at the employer’s expense. Pending receipt of the second, or third, medical opinion, the employee is provisionally entitled to the benefits of the FMLA, including maintenance of group health benefits.

Can a company deny an employee FMLA leave?

If the employee or the employee’s family member fails to authorize his or her health care provider to release all relevant medical information pertaining to the serious health condition if requested by the second opinion health care provider in order to render a sufficient and complete second opinion, the employer may deny the taking of FMLA leave.

When does an employer require an employee to obtain a second medical opinion?

If the employer requires the employee to obtain either a second or third opinion the employer must reimburse an employee or family member for any reasonable “out of pocket” travel expenses incurred to obtain the second and third medical opinions.

When is an employee entitled to FMLA benefits?

Pending receipt of the second, or third, medical opinion, the employee is provisionally entitled to the benefits of the FMLA, including maintenance of group health benefits.

When does an employer need a second medical opinion?

An employer may require a second or third medical opinion (at the employer’s expense) if he or she has reason to doubt the validity of the medical certification. (Q) Do I have to give my employer my medical records for leave due to a serious health condition?

Can a employer deny FMLA leave if it is unclear?

If an employee chooses not to provide the employer with authorization allowing the employer to clarify the certification with the health care provider, and does not otherwise clarify the certification, the employer may deny the taking of FMLA leave if the certification is unclear.

When does an employer have to notify an employee of FMLA?

Under the regulations, an employer must notify an employee whether leave will be designated as FMLA leave within five business days of learning that the leave is being taken for a FMLA-qualifying reason, absent extenuating circumstances.

When is intermittent FMLA leave available to employees?

When Is Intermittent FMLA Leave Available? Intermittent FMLA is available to employees when he or she has a serious health condition which prevents the employee from doing his or her job or for employees with family members requiring care for a serious health condition. Family members include spouse, child, and parent.