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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.

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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