Legal Question in Medical Leave in Indiana

Fmla

My husband has been on FMLA for a ''serious health condition'' Because of a disablity while on active duty. He's medical treatment is from the VA. Last Paperwork April 07 his employer send him for a second opinion ... That doctor agreed with the VA doctor. Now during recertification the employer is not seeking a second opinion. They are Highly stressing that my husband go to a different doctor. They have finally approved part of the FMLA paperwork but not all of it. What can we do?


Asked on 1/08/08, 10:48 am

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Fmla

The employer only has control over choice for a second opinion (although even that control is limited). It has no control over what health care provider your husband chooses for certification or recertification. If the employer is acting in restraint of your husband's FMLA rights, he may have a legal claim he can bring. Feel free to contact me if you have any further questions.

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Answered on 1/08/08, 12:17 pm


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