# Can my boss make me get a second doctor's note for family leave?

- Jurisdiction: United States
- Practice area: Employment Law
- Published: 2026-10-28
- Last updated: 2026-10-28
- Canonical: https://lawasked.com/us/employment-law/can-my-boss-make-me-get-second-doctor

## Question

I live in Ohio and have been working at my retail job for three years. My elderly father was recently diagnosed with a serious chronic condition that requires me to help him with his daily care and medical appointments. I spoke with my manager last Tuesday, November 14th, and requested some intermittent time off to assist him over the next three months. I already went to my father's primary care doctor and brought back a signed note that explains his condition, how long he will need help, and why my presence is necessary for his recovery. However, my supervisor told me yesterday that they aren't sure if they believe the note is sufficient and said they might require me to see a different doctor of their choosing to verify everything. They mentioned they might make me pay for this second opinion, though they also said they might cover the cost themselves. I am really confused because I already provided official medical documentation from his actual physician. I need to know if my employer has the legal right to demand a second or even a third medical opinion to confirm my father's condition and my need to care for him, and who is responsible for paying those extra medical fees.

## Summary

Yes, your employer can require a second medical opinion if they have a reason to doubt the validity of the note you provided for your father's care. However, if they do require this, they must pay for the cost of that second opinion themselves.

## Analysis

Under the Family and Medical Leave Act (FMLA), you have the right to take leave to care for a parent with a serious health condition [2]. While you have already provided a signed note from your father's primary doctor, your employer has certain rights regarding the verification of that information.

If your employer has a reason to doubt the validity of the certification you submitted, they may require a second opinion. The law states: "In any case in which the employer has reason to doubt the validity of the certification provided... the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider" [1]. This means that if your manager decides the first note is not sufficient to prove the medical necessity of your intermittent leave, they can ask for another doctor to weigh in. Crucially, the law specifies that this must be "at the expense of the employer" [1]. Therefore, your employer cannot legally make you pay for this second opinion.

If the second doctor's opinion disagrees with your father's primary doctor, your employer can then require a third opinion. The law says: "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]. This third doctor's decision is final and binding on both you and your employer. 

It is important to note that the second doctor chosen by your employer cannot be someone they employ on a regular basis [1].

## Statutory citations

- Family and Medical Leave Act of 1993, 29 U.S.C. § 2613 - Certification [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2613)
  > In any case in which the employer has reason to doubt the validity of the certification provided... the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider
- Family and Medical Leave Act of 1993, 29 U.S.C. § 2612 - Leave requirement [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612)
  > 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.

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