Legal Question in Medical Leave in California

Re: Can employee claim FMLA after being given written warning?

If the employee is otherwise qualified to ask for medical leave under FMLA for a "serious health condition", an employer has the right to ask for written certification from the employee's health care provider, documenting when the serious health condition began, the probable duration of the condition and that the employee is unable to perform the function of his or her position.

If the employer doubts the validity of the certification, the employer may require the employee to obtain a second opinion by a health care provider of your choice, at your expense.

If during the medical leave, under FMLA, the employer maintains the health benefits of the employee and the employee fails to return to work, the employer may require the employee to pay back the money paid out for those benefits.

There are many specific requirements an employer must comply with to handle this kind of situation correctly. You are best advised to consult with an experienced labor law attorney if you wish to challenge the validity of this employee's need for medical leave.