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Question: What can employers do when they doubt an employee’s certification for leave under the Family and Medical Leave Act (FMLA)?
Answer: If an employer doubts the validity of an employee’s FMLA certification, it may require the employee to get a second opinion from a healthcare provider. Generally, for employees to be granted leave under the FMLA, an employer must obtain a certification issued by their healthcare provider or a family member’s provider. However, if an employer requests a second opinion because it doubts the first opinion’s validity, the employer may choose the provider that issues this second