Can my boss make me get a second doctor's note if they don't believe my first one?
Quick Summary
Yes, your employer can require a second opinion if they doubt your doctor's note, but they must pay for it. If the second doctor disagrees with your first doctor, the company can require a third opinion that is final and binding.
The situation
I work for a large retail company in Ohio, and I have been there for three years. My elderly father was recently hospitalized due to a serious health issue, and his doctor told me I would need to take intermittent leave to help him with his recovery and medical appointments over the next three months. I went to my manager last Tuesday, October 10th, and provided a formal note from my father's specialist that explains his condition, the expected duration of his treatment, and why my presence is necessary to assist him. My manager accepted the paperwork but then sent me an email yesterday saying that the company's HR department has 'concerns' about the validity of the doctor's note and that they might require me to see a different doctor of their choosing to verify everything. I am really stressed because I already spent time and money getting the first certification, and I don't want to be forced to pay for more appointments or deal with a doctor who works for my employer. I want to know if they are legally allowed to force me to get a second opinion from someone they pick, and what happens if that second doctor says I don't actually need the time off?
Detailed Analysis
Under the Family and Medical Leave Act (FMLA), your employer has certain rights regarding the medical documentation you provide for your father's care. Because you are requesting intermittent leave—which is leave taken in separate blocks of time rather than all at once—to care for a parent with a serious health condition, you must provide a certification from a healthcare provider[2].
If your HR department has "concerns" about the validity of the note you provided on October 10th, they are allowed to take action. The law states that "In any case in which the employer has reason to doubt the validity of the certification... the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer"[1]. This means your company must pay for the second appointment, and the doctor they choose cannot be someone who is regularly employed by the company[1].
If the second doctor's opinion differs from your father's specialist's note, the situation does not necessarily end there. Your employer can then require a third opinion. The law specifies that "the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee"[1]. Most importantly, the decision made by this third doctor "shall be considered to be final and shall be binding on the employer and the employee"[1]. This means if the third doctor says you do not need the time off, you will likely be unable to use FMLA for this specific purpose.
State laws in Ohio may provide additional protections or different procedures for medical leave, so you should check local regulations.
Statutory Citations
Legal Citation: Family and Medical Leave Act of 1993 § 29 U.S.C. § 2613 — Certification
"In any case in which the employer has reason to doubt the validity of the certification... the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer"View Official Legislation →
Legal Citation: Family and Medical Leave Act of 1993 § 29 U.S.C. § 2613 — Certification
"the opinion of the third health care provider... shall be considered to be final and shall be binding on the employer and the employee."View Official Legislation →
Legal Citation: Family and Medical Leave Act of 1993 § 29 U.S.C. § 2612 — Leave requirement
"In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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