FMLA medical certification

karen in nh

I have two employees who are currently out on FMLA leave. My question is, they both have seen their PCP,who then referred them out to a Specialist. I have the appropriate medical certificaton documentation from the specialist, but now the employee has decided to return to their PCP for care. I think what is happening is, the PCP is being a little bit lenient with return to work status and I feel that these employees are taking advantage of FMLA protection. Can I require the medical re-cert and fitness for duty form to be from the doctor who technically put them on FMLA leave or can I accept it from the PCP?

SMace

If the information on the form certifies that they qualify for the leave, then they qualify for the leave. If you want a 2nd opinion you can get it, but you cannot dictate which doc. It's been a while since I read the regs, but I believe you both have to agree to the doc and it cannot be a company affiliated doctor.

Don D

The employer can dictate, and will pay for, the second doctor. The third and final is by mutual agreement.