29 CFR 825.307 - Authentication and clarification of medical certification for leave taken because of an employee's own serious health condition or the serious health condition of a family member; second and third opinions
| Cite as | 29 CFR 825.307 |
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123 cases
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Hite v. Vermeer Mfg. Co., 4:03 CV 90174.
...Leedom that her attendance was poor. Further, Plaintiff offered evidence that Vermeer contacted Plaintiff's doctor in violation of 29 C.F.R. § 825.307; shared Plaintiff's medical records with non-Vermeer employees, in violation of 29 C.F.R. § 825.500(g); and accused her of "abusing" her FML......
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Shtab v. Greate Bay Hotel and Casino, Inc., CIV.A. 00-2122.
...information, i.e., the date of commencement, the probable duration, or the medical facts, in the certification. 29 U.S.C. § 2613(c); 29 C.F.R. § 825.307(2). If the second opinion does not assuage the employer's suspicions, then the employer may require a third opinion which will be consider......
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Krohn v. Forsting, 4:97-CV-413 CAS.
...provide that if an employer doubts the validity of a medical certification, it may at its own expense obtain a second opinion, 29 C.F.R. § 825.307(a)(2), the selected health care provider may not be employed by the employer on a regular basis. See 29 C.F.R. § 825.307(b). Plaintiff asserts t......
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Walters v. PRIDE AMBULANCE CO., 1:08-cv-1107.
...certification is invalid or inauthentic." Harcourt v. Cincinnati Bell Tel. Co., 383 F.Supp.2d 944, 955-956 (S.D.Ohio.2005) (citing 29 C.F.R. § 825.307(a)). Novak v. MetroHealth Medical Ctr., 503 F.3d 572, 578 (6th Cir.2007). See also Verkade v. United States Postal Serv., 14 Wage & Hour Cas......
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6 firm's commentaries
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Can Employers Be Sued for Restricting the use of Certain Doctors for Disability Certifications?
...provider’s determination may challenge that certification by requiring the employee to obtain a second opinion. 29 USC 2613(c)–(d); 29 CFR 825.307(b)(1). But in addition to complying with applicable statutory and regulatory law, the above defamation claim is a good reminder that employers a......
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Challenges In Managing Unplanned Intermittent Leave In The Senior Living And Long-Term Care Workplace
...certification authenticated. FMLA regulations permit an employer to require an employee to cooperate in the authentication process. 29 CFR 825.307(a). Consider exercising your right to clarify a certification. Here, employer rights are somewhat limited, as clarification means "contacting th......
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FMLA & Medical Certification: When Does An Employer Have A “Reason to Doubt”?
...second opinions to verify the accuracy of an initial medical certification. The FMLA in 29 U.S.C. § 2613(c) and its regulations, 29 C.F.R. § 825.307(b) and (c), permit employers to obtain additional medical opinions regarding the certification of an employee’s “serious health condition.” An......
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FMLA & Medical Certification: When Does An Employer Have A "Reason to Doubt"?
...second opinions to verify the accuracy of an initial medical certification. The FMLA in 29 U.S.C. § 2613(c) and its regulations, 29 C.F.R. § 825.307(b) and (c), permit employers to obtain additional medical opinions regarding the certification of an employee's "serious health condition." An......
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5 books & journal articles
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Family and medical leave act
...8-214 nated or approved by the employer, but a provider with whom the employer does not regularly contract. 29 U.S.C. §2613(1)-(2); 29 C.F.R. §825.307(a)(2). If the first and second opinions differ, the employer may require the employee to obtain certification from a third healthcare provid......
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Related statutes and other grounds for relief
...some sort of provisional FMLA leave pending the receipt of the certiication. Once the employee has provided the medical certiication, 29 C.F.R. §825.307(a) states that the employee may be provisionally entitled to FMLA leave. But see Reed v. Lear Corp. , 556 F. 3d 674 (8th Cir. 2009) (emplo......
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Navigating the FMLA Minefield, 0114 SCBJ, SC Lawyer, January 2014, #1
...§ 825.300(b) (2013). [21] 29 C.F.R. § 825.300(c) (2013). [22] 29 C.F.R. § 825.300(d)(4) (2013). [23] 29 C.F.R. § 825.306 (2013). [24] 29 C.F.R. § 825.307(a) (2013). [25] 29 C.F.R. § 825.307 (2013). [26] 29 C.F.R. § 825.312 (2013). [27] 29 C.F.R. §825.312(b) (2013). [28] 29 C.F.R. § 825.113(......
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Navigating the FMLA Minefield, 0114 SCBJ, SC Lawyer, January 2014, #4
...§ 825.300(b) (2013). [21] 29 C.F.R. § 825.300(c) (2013). [22] 29 C.F.R. § 825.300(d)(4) (2013). [23] 29 C.F.R. § 825.306 (2013). [24] 29 C.F.R. § 825.307(a) (2013). [25] 29 C.F.R. § 825.307 (2013). [26] 29 C.F.R. § 825.312 (2013). [27] 29 C.F.R. §825.312(b) (2013). [28] 29 C.F.R. § 825.113(......
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