When Can an Employer Contact an Employee's Medical Provider Regarding FMLA Leave?
The Family Medical Leave Act allows employees to take up to 12 weeks off per 12-month period to attend to serious health issues for themselves or their family members. The details of the employee's health situation are generally private. However, the employer has limited rights to contact the health-care provider to verify FMLA leave.
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Employer Policies
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An employer can require an employee to obtain medical certification proving the employee's need to take FMLA leave. The employer must give the employee 15 days to obtain certification after requesting it. Employers may also have a written policy requiring all employees to get medical certification prior to taking leave or upon returning. The medical certification must list the medical condition requiring absence and when the employee is expected to be able to return to work.
Second and Third Opinions
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If the employer doubts the validity of an FMLA claim, she may require the employee to get a second opinion at the employer's expense. The employer may not use a doctor she regularly uses for her employees' or her own health care, as the second physician must be a neutral party. The employee may get a copy of this opinion in writing if he requests one.
If the second physician's opinion conflicts with the employee's original medical certification, the employer can request a third opinion, again at the employer's expense. The employee and employer must agree upon which doctor to use. They can either decide jointly or one party can approve the other party's choice. The third physician's opinion is binding upon both the employer and employee.
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Disability
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If an employee takes FMLA leave because of a chronic or intermittent condition, she may have a disabling condition rather than an illness. If the employer believes this to be the case, he may contact her physician as part of the process of setting up accommodations or placing the employee on disability leave instead of FMLA leave.
Restrictions
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An employer may not request medical information beyond what the employee shares on the medical certificate, i.e., he cannot ask the employee's medical provider for a more specific diagnosis of illness. The employer also may not contact the employee's medical provider for any reason other than to verify the employee's FMLA claim or to initiate disability proceedings.
Contact Rule
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If it becomes necessary for an employer to contact an employee's medical provider, the employee's direct supervisor may not perform this task. A human resources manager or someone further up in the chain of command should contact the employee's physician.
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References
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