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
1 Answer from Attorneys
Provide them evidence of need, or lose your leave and/or job.