Second and Third Opinions

Under the FMLA law are we limited to second and third opinions on original certifications only or can we get second and third opinions on subsequent recertificaitons?

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  • DK- Using the second and third opinion process under the FMLA is a great way to make sure that your employees really are qualified for FMLA leave. However, this process is ONLY available at the onset of the employee's leave, not for subsequent reconcertification. If the employee is recertified for FMLA leave, you are stuck with the recertification. 29 C.F.R. Sec. 825.308(e).

    Because the FMLA is such a hot topic right now, M. Lee Smith Publishers, LLC, the parent company of HRHero.com, is in the process of publishing an HR Executive Special Report on the topic, entitled: FMLA: A Walk Through the Legal Labyrinth. This report will be sent out free of charge to all current Law Center members and to all new Law Center subcribers within the next month. To find out how to subscribe and reap this valuable benefit, click on Employment Law, under the heading Ways We Can Help, on the left margin of your screen.

    Good luck!
    Anne H. Williams
    Author: FMLA: A Walk Through the Legal Labyrinth


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