How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11027
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I have been off work on a medical leave-of-absense for about

Resolved Question:

I have been off work on a medical leave-of-absense for about six months. My doctor recently released me to return to work with no restrictions. I provided the release to my employer on the form that the employer required. Now, the employer wants me to see a doctor of their choice before I return to work. I can't find any written requirement for a second opinion, and since the employer is a hospital, I'm not comfortable with seeing a doctor of their choice. The employer is apparently nervous because the leave was due to a back surgery. Can I be required to get a second medical opinion?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.

LegalPro54 :

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.

LegalPro54 :

Typically, the employer must pay for such a doctor's exam.

LegalPro54 :

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.

LegalPro54 :

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.


LegalPro54 :

If my answer has been helpful to you, please remember to "accept" it so that I may receive credit for my time. If you need additional clarification, please do not hesitate to ask. Thank you kindly.


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?

LegalPro54 :

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.

Patrick, Esq. and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions