California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for entrusting me to answer your question. Yes, an employer is typically allowed to require employees to obtain a second medical opinion.
Typically, the employer must pay for such a doctor's exam.
While the employer may choose the health care provider for the second opinion, they may not in most cases choose a provider whose services they regularly use.
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Just to be clear, this was not worker's comp. The employer has no written requirement for anything other than a release from the doctor - which was obtained on the employer's form. Does that change anything?
This would not change the above response. If an employer believes that an employee is not able to perform a job successfully or safely because of a medical condition, they may typically request medical verification upon the employee's return from a leave of absence. They would not, however, be able to demand independent medical verification if it was for some sort of improper purpose, such as harassment.
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