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Family Dr. vs. Specialist R/T/W note

njjelnjjel 1,235 Posts
in HR & Employment Law Vote Up0Vote Down
May an employer require an employee to get a R/T/W note from the specialist who has been treating them rather than from their family doctor who has not been their treating physician for this particular illness?
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  • 5 Comments sorted by Votes Date Added
  • stilldazedstilldazed 640 Posts
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    My first 'gut' response would be no, but if you can, I think it will depend on some circumstances:
    1. is this FMLA or just RTW (fitness for duty)
    2. how do you know the GP is not the treating Dr
    3. do you have reason to doubt (observable)

    I know you know that if it's FMLA, you can turn to a 2nd opinion. However, outside of that, I can't imagine that it would matter unless you are talking about a fitness for duty situation and you have observed that returning the employee to the job will be a problem.

    I'm curious to hear from other forumites on this one.


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  • njjelnjjel 1,235 Posts
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    She is not currently on FMLA as she has used her 12 weeks. We have no policy covering this. Let's assume however that she WAS on FMLA leave. Does the employer have the right to request the note come from the treating specialist?
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  • PattiePattie 45 Posts
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    Did you have a note from a doctor keeping this employee out of work to begin with? If so, then that is the doctor who should be providing the RTW authorization and that is the policy we follow.
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  • stilldazedstilldazed 640 Posts
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    If it were FMLA and you didn't have confidence in the RTW stmt, you would have the option to pay for a 2nd opinion.

    I really think the issue has to do with why you are questioning the RTW stmt. Is there a specific reason you don't trust the stmt?
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  • davidsdavids 427 Posts
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    I had a similar situation once in which the doctor who signed the return to work note was not the treating physician. We knew the employee was anxious to return and wondered whether she was "doctor-shopping" for one who would release her. In order to ensure that the releasing physician was aware of the condition which caused the employee to be absent in the first place, we asked the employee to have the doctor confirm that he was aware. The employee was agreeable and the doctor confirmed. I am not sure what we would have done if the employee was not agreeable. We may have sent her for a second opinion (at our expense, of course).
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