Content Overview
- Summary
- Who Can Provide Medical Certification
- What Must Be In A Healthcare Provider Certification
- Incomplete Healthcare Provider Certifications
- What Questions Can An Employer Ask To A Professional Who Certifies FMLA Need?
- Limited Employer Contact With The Healthcare Provider
- Second Opinions
- Third Opinions
- Failure To Provide Certification
- Confidentiality Of Certifications
Healthcare Provider Certification Under The FMLA
Second Opinions
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If an employer disputes a certification, the employer may request a second opinion.
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The employer may not request a second opinion from a health care provider that the employer regularly uses. An employer may deny leave to an employee who refuses to release relevant records to a health care provider who has been requested to provide a second or a third opinion. If an employee requests a copy of a second or third opinion, the employer has 5 days to provide the requested opinion. NOTE: Going to a doctor to get a second or third opinion is not time for which the employee has to be compensated. However, the employer must pay out-of-pocket expenses such as transportation.
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