FMLA Disputes Require a Third Opinion

The result of a new Family Medical Leave ACT (FMLA) shows that a second opinion may not be enough to reject employee leave.  

When the accused employer did so, the Minnesota court ruled in favor of the employee, stating that the company had violated the employee’s FMLA rights and unlawfully terminated the employee over the dispute.  

According to attorney Francine Breckenridge from the firm Strasburger & Price, “employers cannot use a second opinion alone to reject a workers’ FMLA leave request.”  

In addition, Breckenridge explains that employers are required to pay for the second and third medical opinions — and the medical providers rendering the opinions cannot be connected to the employers.

Read the HR Morning news article

Image: renjith krishnan /


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