Thread: FMLA violation
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Old Sep 02, 2010, 03:38 PM
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Yack Yack is offline
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Member Since: Sep 2005
Posts: 349
Quote:
Originally Posted by Perna View Post
I don't think it is a violation:

"Employers may require that an employee’s request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. An employer may require second or third medical opinions (at the employer's expense) and periodic recertification of a serious health condition. An employer may use a health care provider, a human resource professional, a leave administrator, or a management official – but not the employee’s direct supervisor – to authenticate or clarify a medical certification of a serious health condition."

From: http://www.dol.gov/whd/regs/compliance/whdfs28.htm
I pulled up the actual FMLA laws regarding second opinions. The problem is that HR received my medical certification. They have to determine if it is complete and if it is, they aren't allowed to ask for info. They received my paperwork Tuesday. Then, they have to call my doc to clarify. If they don't agree they have to get a second opinion from someone not on the company payroll
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