Here’s what you can do if you doubt an employee’s FMLA eligibility

Q       What can employers do when they doubt an employee’s certification for leave under the Family and Medical Leave Act (FMLA)?

If an employer doubts the validity of an employee’s FMLA certification, it may require the employee to get a second opinion from a healthcare provider. Generally, for employees to be granted leave under the FMLA, an employer must obtain a certification issued by their healthcare provider or a family member’s provider. However, if an employer requests a second opinion because it doubts the first opinion’s validity, the employer may choose the provider that issues this second opinion.

The employer can’t regularly employ or contract with the selected provider, however. If the original and second opinions conflict, the employer can require a third certification from a healthcare provider that both the employee and the employer select. If this occurs, the third provider’s opinion is final and must be used by the employer.

When an employer requests a second or third opinion from a healthcare provider, the employer must pay for that second or third opinion, including travel expenses for the employee or the employee’s family member. Additionally, employees are provisionally entitled to FMLA leave while they wait on a final second or third opinion.