Answer

Dear Questioner:

Under the FMLA, the employer cannot request or otherwise obtain your medical records. However, the employer is entitled to a formal certification from your medical provider to confirm that, in fact, you do have a serious medical condition. The FMLA also provides that the employer may make inquiries into your status during the leave and even require you to undergo an examination by another doctor at the employer's expense for a second opinion. Finally, the employer's doctor may question your doctor to clarify any questions about why your condition requires leave. That's the law Congress drafted the law in balancing the interests of employees and employers. If you believe your employer has gone to far or want some more information, you could contact the US Department of Labor, Wage Hour Division 1-866-4USWAGE (1-866-487-9243)

Expert:	Kate JW
Pos. Feedback:	100.0 %
Accepts:
Answered:	12/4/2008

Employment Lawyer

Ten years legal experience with an employment law focus; represented both companies and individuals