Family & Medical Leave Act (FMLA)

While an employee is on FMLA leave, an employer may:

• Ask questions to confirm whether the leave qualifies for  FMLA purposes. 
• Require periodic reports on an employee's status and intent to return to work after leave.
• Request another opinion about the need for time off at the employer's expense.
• With an employee's permission, an employer may have a health care provider representing the employer contact an employee's health care provider to clarify information in the medical certification or to confirm that it was provided by the health care provider. The inquiry may not seek additional information regarding ana employee's health condition or that of a family member.

If the opinions of an employee's and employer's designated health care providers differ, an employer may require certification from a third health care provider, at the employer's expense. This third opinion is final and binding.

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