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 subject to the FMLA and ADA do not understand all of their rights and responsibilities with respect to obtaining 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 those responsible for handling and processing FMLA and ADA paperwork understand how to review employee medical certifications to ensure clarity and completeness in the health care provider's documentation and know the proper procedures of when it becomes necessary to seek medical recertification or a second opinion. 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.
AuthorsPeter E. Hansen, SmithAmundsen LLC
FMLA Medical Certifications, Recertifications, and Second Opinions
• Designating FMLA Leave
• FMLA Regulations and Case Law Illustrating Employers' Rights and Requirements in Obtaining Medical Certification and Recertification
• When and How to Seek Second and Third Opinions for FMLA Leave
• Fitness-For-Duty Certification
ADA Medical Certifications and Fit-For-Duty Evaluations
• Permitted Medical Examinations and Inquiries
• Rights and Requirements When Accommodations Are Requested in the Employment Application Process
• Reasonable Accommodations and Undue Hardships
• Medical Expert Qualifications - When Can You Demand a Specialist?
• Requiring a Company Doctor or EAP vs. the Employee's Choice of Doctor
• Employee Objections