Using Medical Experts in Determining Leave Under ADA and FMLA
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Reduce FMLA and ADA abuse and stay in compliance when using medical certifications and second opinions.Many employers encompassed within the guidelines of the FMLA and ADA do not understand all of their rights and responsibilities with obtaining the required medical certifications accompanying the necessary paperwork of an eligible employee's request for leave. They also do not understand when it is beneficial to obtain medical recertification or employer health care provider second opinions to ensure employee safety on the job and to mitigate the expense of FMLA and ADA abuse in their workplace. This topic helps the persons responsible for handling and processing FMLA and ADA paperwork to understand how to review employee medical certifications to ensure clarity and completeness in the health care provider's documentation of the serious health condition and then to understand and know the proper procedures of when it becomes necessary to seek medical recertification or a second opinion from an employer health care provider. Failing to understand the regulations set forth by the FMLA and ADA as they pertain to medical certifications recertifications and second opinions is one of the most common errors employers make in ensuring compliance with these acts. This information is critical for employers in ensuring the safety of their employees and customers but also to mitigate the rising expenses of FMLA and ADA abuse.
AuthorsLindsay M. Schafer, Littler Mendelson P.C. Cory Glen Walker, Littler Mendelson P.C.
FMLA Medical Certifications, Recertifications and Second Opinions
• When and How to Seek Employer Health Care Provider Second Opinions for FMLA Leave
• Relevant FMLA Regulations and Case Law Illustrating the Employer's Requirements in Obtaining Medical Certification and Recertification
• Employer Rights to Seek Employee Recertification of Med Cert for FMLA Leave
Medical Certifications and Fit-For-Duty Evaluations Under the ADA
• Rights and Responsibilities When Accommodations Are Asked for in the Employment Application Process
• Mandatory Medical Evaluations - When Are They Allowed?
• Reasonable Accommodations and Undue Hardships
• Medical Expert Qualifications - When Can You Demand a Specialist?
• Requiring a Company Doctor or EAP vs. Employee's Choice of Doctor
• Employee Objections