How can an employer verify an employee’s need for leave because of a “serious health condition”?
The Appointing Authority’s FMLA designation decision must be based only on information received from the employee or the employee’s spokesperson. An employer may also require an employee to obtain certification of a “serious health condition” from the employee’s health care provider. The employer can pay for a second opinion if it doubts the validity of the original certification. If the second opinion conflicts with the first, the employer may pay for a third opinion. The provider of the third opinion must be jointly approved by the employer and employee. The third opinion will be final. If a leave request is for the serious health condition of a family member, the employer can require the employee to provide certification from a health care provider.
