Conflicting Doctor's Reports

System

An employee was granted FMLA leave to care for her infant daughter. She has returned from leave, based upon the Dr.'s approval last week,indicating the child's medical condition was improving and may need an afternoon off a week for further care. The employee used 7-weeks of her leave.

Today, a different Dr. from a different medical center indicated via a note, that the child needs extensive care and the mom must be out of work for another two-months (8-weeks).

How do I respond to completely contradicting medical opinions?

PAhr

How did you get this doctor's note? Did the mother request further leave? You cannot force the mother to take the time off (if this is not at her request), but I'm assuming this note was at the mother's request. If that is the case there isn't much you can do. Unlike if this was for the employee's own medical condition, you cannot request a second opinion. It is quite possible that the mother, being with her child the majority of the time, knew there is still a problem with her child and went for a second opinion. It is also quite possible that the two doctors have differing opinions on the child's condition. If your company adheres only to FMLA and offers no other type of leave, I would advise the employee that she only has five weeks left under FMLA and that after the five weeks you cannot hold her position.

System

In both instances, the Doctor's notes were handed to me by the employee. In addition, the mother has requested the additional leave.

Thank you, I guess what I needed was a second opinion confirming my obligation to provide the remaining 5-weeks of leave, with appropriate medical certification.

njjel

Yes, she should be given the balance of her leave. The child could have had a set back, or the ee could have sought a second opinion based on the child's symptoms, etc. There are many and varied reasons for the conflicting opinions and I would grant the leave.