U.S. Department of Labor regulations allow employers to challenge employees’
But what if you want to challenge an employee’s certification later—after you find out he’s been working elsewhere while on FMLA leave, for example? Are you stuck because you didn’t ask for the second and third opinion?
No. You can challenge the certification later if you have good reason to believe the employee really isn’t (or wasn’t) entitled to leave.
Recent case: James Weimer hurt his head while working at Honda and went to the company’s off-site medical providers. Those doctors certified that he needed a few weeks of FMLA leave. Then Honda heard that Weimer had been doing construction work at his house while supposedly unable to work because of the head injury. It disciplined him for dishonesty.
Weimer sued, alleging interference with FMLA leave and retaliation. Honda demanded copies of his medical records, reasoning that if Weimer’s condition didn’t amount to a serious health condition under the FMLA, then he wasn’t entitled to the leave and couldn’t sue for interference and retaliation. It thought the medical records would show he didn’t have a serious health condition.
Weimer argued that Honda couldn’t challenge his leave entitlement after the fact, but should have asked for the second and third opinion earlier.
The court disagreed. It said an employer that has a good-faith belief that an employee was taking FMLA leave he wasn’t entitled to could challenge the underlying medical condition and entitlement later—even if it never asked for a second or third opinion. (Weimer v. Honda, No. 2:06-CV-844, SD OH, 2008)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/4879/no-second-opinion-you-can-challenge-fmla-leave-later "
- Broward's wellness program survives ADA court challenge
- Legality of new union poster faces hearing; ruling by Jan. 31
- Don't rush to judge accommodation requests; ADA requires interactive give-and-take
- The EEOC, maximum leave policies and the new ADA amendments
- Furloughs and unpaid time off create wage-and-hour problems