End of leave re-cert/2nd opinions

jenniferc

An employee on FMLA for depression is nearing the end of their FMLA entitlement. Their doctor sends documentation that the employee needs an additional 30 days of leave. When the employee is told that the leave will be a regular unpaid leave and they will be responsible for the whole medical premium payment, the doctor sends additional documentation stating the employee can now return to work when the FMLA entitlement ends.

**Due to the sudden about face of the doctor, can the employer request that the doctor re-certify the employee or request a 2nd opinion at the employer's expense? I know employers can request re-certification for extensions of leave, but have never had a situation like this when an employee was returning to work after exhausting their FMLA entitlement. HELP!

LindaS

This appears to be a situation of the EE not having the money to pay for their health insurance premium who MAY have been trying to milk the system. What you CAN do is send a copy of their job description and require that the physician certify that they can return to their job after having reviewed the job description.

If you do question the EE's ability to return to work you always have the option of having them re-evaluated at your expense.

stilldazed

Remember also that if the leave of protected by FMLA, protecting the employee's benefits is part of the objective. The worker should not be responsible for any more of the cost of the benefits than he/she would pay if actively working.