Tag: medical certification

Question: Can an employee request a second opinion for Family and Medical Leave Act (FMLA) certification if the employee disagrees with the one completed by her or his physician? Answer: Yes, the employee has the right to obtain and manage his or her own medical care, including the right to a second opinion. The employer…

Question: What do you suggest when the physician holds up providing the certification for medical leave past the 15-day time period as specified under the Family and Medical Leave Act (FMLA)? Answer: At the time the employer requests certification, the employer must also advise an employee of the anticipated consequences of an employee’s failure to…

Question: If we feel a medical certification is vague, may we ask for more specific information? This happens with soft tissue injuries such as back injuries that may or may not be work-related. Answer: The employee must provide a complete and sufficient certification to the employer if required by the employer. The employer must advise…

Question: If a new hire volunteers information about medical issues, can the employer ask for a doctor’s fit-for-duty certification? Answer: Exercise caution in requesting medical documentation from applicants or employees, unless the applicant or employee is specifically requesting some form of accommodation in order to do his/her job or the employer has directly observed or…