Employers across the country are increasingly faced with the question of whether they must seek additional medical opinions when challenging a doctor’s certification under the Family and Medical Leave Act (FMLA). A recent ruling by the 9th U.S. Circuit Court of Appeals clarifies that employers are not obligated to do so. This decision aligns with rulings from other circuits and affirms that the FMLA does not require employers to present contrary medical evidence before contesting an employee’s FMLA certification in court.
Case Overview: Contesting the Validity of an FMLA Claim
The case involved an underground haul truck driver who alleged that his employer, a mining company, wrongfully interfered with his FMLA rights after being terminated. The driver claimed he had been injured when his truck collided with a mine wall, and a doctor subsequently certified his need for time off due to chest injuries.
However, after an investigation by the employer revealed no evidence of a collision and video surveillance suggested the employee was exaggerating his condition, the driver was fired for policy violations. He then filed a lawsuit claiming that his termination violated his FMLA rights.
The Court’s Decision
The central question in the case was whether the employer was required to obtain a second or third medical opinion before challenging the doctor’s certification. The 9th Circuit ruled that the FMLA does not impose such a requirement. Instead, the statute gives employers the option—but not the obligation—to seek a second or third medical opinion if they doubt the validity of an employee’s certification.
The court’s ruling emphasized that the language of the FMLA is permissive, not mandatory. The employer “may” request additional opinions, but it is not legally compelled to do so. As long as the employer has sufficient evidence to challenge the legitimacy of the employee’s claim, it can rely on nonmedical evidence, such as surveillance footage, to contest the certification.
Implications for Employers
This ruling has important implications for employers who are skeptical about the validity of an employee’s FMLA certification. The decision clarifies that employers can rely on evidence such as witness testimony or video surveillance to dispute an FMLA claim without needing to secure further medical opinions. This can streamline the process for employers who face instances of potential fraud or exaggeration of medical conditions.
However, employers should continue to exercise caution and ensure they have substantial evidence before contesting an FMLA certification. Missteps could lead to claims of FMLA interference or retaliation. Employers are advised to carefully document any investigations, including reports and witness statements, to build a strong case when challenging a certification.
Consult Legal Advice on Suspected FMLA Abuse
The 9th Circuit’s ruling strengthens the position of employers in FMLA disputes by confirming that they are not required to seek additional medical opinions before challenging an employee’s certification. Employers who suspect FMLA abuse now have greater flexibility in contesting dubious claims, provided they have a solid foundation of evidence. As always, employers should consult legal counsel before taking action to ensure compliance with the FMLA and related regulations. If you have questions on this issue or any other labor and employment matter, please contact Luchansky Law.
About Luchansky Law
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References:
- Lally, R. J.D. (2024, September 19). Employers Do Not Have to Seek Additional Medical Opinions Before Contesting FMLA Certification. Retrieved from SHRM.
- Family and Medical Leave Act, 29 U.S.C. § 2601 (1993).