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
| Currency | Current through May 31, 2023 |
| Citation | 29 C.F.R. §825.307 |
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1 cases
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Black v. Swift Pork Co.
...29 C.F.R. § 825.306(a)(5), (7). Employers dissatisfied with an employee's certification may seek a second or third opinion. See generally id. § 825.307. However, declining to follow the certification process does not preclude an employer from later challenging the employee's entitlement to ......
1 firm's commentaries
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New CFRA Regulations Impacting Family and Medical Leave Will Be Effective July 1, 2015
...condition, if the employer simply has a “reason” to doubt the validity of the medical certification provided by the employee. (29 C.F.R. section 825.307.) The new CFRA regulations now clarify that the employer must have a “good faith, objective reason” to doubt the validity of the medical c......
4 books & journal articles
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VOLUME I Chapter 11 Family and Medical Leave Act
...29 C.F.R. § 825.305(c) (2015).[148] Id.[149] Id.[150] Id.[151] Id.[152] Id.[153] Id.[154] 29 C.F.R. § 825.305(d) (2015).[155] 29 C.F.R. § 825.307(a) (2015).[156] Id.[157] Id.[158] 29 C.F.R. § 825.307(b) (2015).[159] Id.[160] Id.[161] Id.[162] Id.[163] 29 C.F.R. § 825.308(a) (2015).[164] 29 ......
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Section 12 Medical Certification
...the adequacy of the certification, the employer may not request additional information from the employee’s health care provider. 29 C.F.R. § 825.307(a). Instead, “a health care provider representing the employer may contact the employee’s health care provider, with the employee’s permission......
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Section 8 Certification
...a third medical opinion can be obtained. It must be approved by the employer and the employee and is final. 29 U.S.C. § 2613(c)(2); 29 C.F.R. § 825.307. The employer can also require recertification once the eligible employee’s leave has begun but not more often than every thirty days unles......
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Section 17 Medical Certification
...third health care provider must be approved by the employer and the employee, and the third opinion is final. 29 U.S.C. § 2613(d); 29 C.F.R. § 825.307(c). The employer can also require recertification once the eligible employee’s leave has begun but not more often than every 30 days unless ......
