Login

FMLA - Medical Certification May be Required

An employer may require that the need for leave for a serious health condition of the employee or the employee's immediate family member be supported by a certification issued by a health care provider.

  • The employer must allow the employee at least 15 calendar days to obtain the medical certification.
  • An employer may, at its own expense, require the employee to obtain a second medical certification from a health care provider.
  • The employer may choose the health care provider for the second opinion, except that in most cases the employer may not regularly contract with or otherwise regularly use the services of the health care provider.
  • If the opinions of the employee's and the employer's designated health care providers differ, the employer may require the employee to obtain certification from a third health care provider, again at the employer's expense. This third opinion shall be final and binding. The third health care provider must be approved jointly by the employer and the employee.

Disclaimer: The materials in Asonye & Associates web site have been prepared to permit visitors to our web site to learn more about the services we offer. These materials do not, and are not intended to, constitute legal advice. Neither transmission nor receipt of such materials will create an attorney-client relationship between the sender and receiver. Internet subscribers and online readers are advised not to take or refrain from taking any action based upon materials in this web site without consulting legal counsel. We do not undertake to update any materials in our Web Site to reflect subsequent legal or other developments.