Can my husband's employer seek a second opinion on me?

Question

My husband's work is giving him a hard time with our FMLA certification. Our doctor has filled it out correctly, but they are seeking questions that are not even listed on the form and they don't like my physicians answers. He clearly stated my incapacity was ongoing and chronic and that my husband would need intermittent leave to care for me, yet they want to know the duration and frequency of my incapacity. Can they send me for a second opinion if I am not the employee?

Answer 1

for frequency have the doctor write 31 days on your certification, that will cover everyday he misses, even though he may not need it. Now they cannot ask any other questions about you. If you have to sign a HIPPA allow only the current medical condition you are asking FMLA for. They can send you for a second opinion at their expense, and it cannot be a doctor they are affiliated with. i.e., company doctor. They will pick the doctor for you and make sure you ask him if he is affiliated with your husband's company. If they try that, they will be in direct violation of FMLA and you can sue them.

Answer 2

In all fairness they are just trying to establish how much time off will be needed.
They have a business to run and it might require hiring a P/T worker to pick up the slack.
If they could do without your husband for an extended period and not have to replace him they wouldn't need your husband's position.
Most employers will grant a leave of absence but if it's on-going and intermittent it makes it difficult. If they are trying to accommodate him what's the harm in answering some questions.

Answer 3

Read up on FMLA and call the office in your state that handles questions. Usually the state paid people can walk you through questions and answers pretty well.

Answer 4

i could get a 2nd opinion. this is a huge determination and it form of sounds like an hassle-free x-ray could desire to help sparkling the question up, and in the grand scheme of issues, would not be that high priced. and additionally you in no way be responsive to. possibly this is a tumor, yet possibly this is benign and it may desire to be bumped off. possibly she's precise. possibly this is terminal maximum cancers, yet i like affirmation of issues till now making that form of determination, while achieveable. call around in case you settle directly to pass that path. in case you're no longer choosy with regard to the vet for the 2nd opinion, somebody could desire to be waiting to get you in at present. In my experience the multi-vet clinics tend to have extra flexibility that way which you will attempt one in all them. own observe, while my canine became into 12 an x-ray revealed a huge mass on her spleen. Spleen became into bumped off and he or she became into stable as new for yet another 4 years. i'm no longer a vet and your subject could be completely diverse yet i will think of stable strategies for yall :) stable success!