by Lisa Guzman, J.D.; Employment Law Expert, CalChamber
The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide for up to 12 weeks of unpaid leave for an eligible employee's serious health condition. When an employee requests FMLA leave for a serious health condition, an employer may require the employee to submit medical certification from a health care provider. If, however, an employer has a good-faith doubt about the validity of a doctor's medical certification, an employer may require the employee to obtain additional medical opinions or recertifications at the employer's expense.
In a favorable precedent for employers, a recent Ninth Circuit Court of Appeal decision clarifies that while an employer has the option to seek additional medical opinions, the FMLA does not require an employer to obtain additional medical opinions before contesting the validity of an employee's medical certification. Additionally, the court held that an employer may rely on non-medical evidence to contest an employee's medical certification (Perez v. Barrick Goldstrike Mines, Inc., No. 23-15043 (June 28, 2024).
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