Legal Question in Medical Leave in California

I have needed FMLA time to provide care for my mother with alzheimers and provide my father occasional respite, a few weeks at a time. My "leave year" started 6 months ago at which time I took 3 weeks. Then 3 months into it, they asked for a recertification even though it had not yet been the 6 months required by FMLA for chronic conditions. I complied. then a few weeks later, they requested a second opinion!

They argue that they can still get a second opinion because they never requested one on the original certification? Is there a time limit on when an employer can request a second opinion? Can they still request a second opinion after a recertification has been obtained, if they never asked for a second opinion on the original certification.... they are claiming now its a second opinion on the original certification, not the recertification.... i think its getting kind of ridiculous.

Thank you


Asked on 8/13/09, 12:38 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Provide them evidence of need, or lose your leave and/or job.

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Answered on 8/13/09, 12:49 pm


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