Recertifications and second opinions
KJoseph
2 Posts
The law appears to imply that we have one chance to request a second opinion and that is when the original certification is presented. The law goes on to say that the employer may not request a second opinion subsequent to approving the first certification. In other words, once you grant leave, it's granted always.
Problem is when the original intermittent leave certification goes from 1-2 days per month to 1-2 days per week and we cannot get clarification that satisfies us from the MD.
What do we do? I am for testing the second opinion issue in the courts if we have to. I don't think they intended to not allow a second opinion where the extent or duration of leave increased so dramatically. Does anyone have any thoughts on this? Know of any case law out there?
Problem is when the original intermittent leave certification goes from 1-2 days per month to 1-2 days per week and we cannot get clarification that satisfies us from the MD.
What do we do? I am for testing the second opinion issue in the courts if we have to. I don't think they intended to not allow a second opinion where the extent or duration of leave increased so dramatically. Does anyone have any thoughts on this? Know of any case law out there?
Comments
A change in the duration of leave taken is reason enough to request re-certification.
Maybe I didn't understand your question... have you already asked the employee to submit recertification due to the increased number of absneces and you wish to get a second opinion because you don't think the new reason given is clear??