FMLA harrassment/employer requested 2nd opinion

[Flyonwall]

I utilized FMLA for the last 4 years and my employer has always given me a hard time about using it. Last month when I recertified my health condition I was told that they (my employer) were exercising their right to a 2nd opinion. The doctor that they are sending me to specializes in physical therapy. My serious health condition is not related to this specialty in any way. I believe my employer is trying to gain access to my medical records and deny my FMLA. Can they do this and what are my options?

[ecmst12]

Absolutely not, not under FMLA. If you are requesting disability benefits, that's another issue, but if all you are looking for is unpaid leave time not exceeding 12 weeks per 12 month period, they don't get to question the validity of your doctor's note.

[justalayman]

I disagree. If the employer doubts the validity of the first certification, they can require a second opinion. The company must pay for it.

I have not read all the technicalities of it but it appears to be a very common question and in most circumstances I have read, it was allowable

from: .[url]http://www.dol.gov/esa/whd/opinion/FMLA/2005/2005_09_14_2A_FMLA.htm[/url]

Where the employer has reason to doubt the validity of the medical certification, the employer, at its own expense, may require the employee to obtain a second opinion and, if the employee’s health care provider’s certification and the second opinion certification conflict, a third opinion certification. See 29 C.F.R. § 825.307.