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Grievance :
FMLA Second Doctor Opinion
By: Debora Sutor MEC Grievance Chair
Has your application for FMLOA been denied by the company on the
basis that your serious/chronic illness or medical condition does not qualify under the FMLA?
According to my contact at the Department of Labor, the company may not categorically deny your
request for FMLA because they think your condition does not qualify. Under the law, it is assumed that
your condition does qualify as your physician has certified that it does when he/she completes the
required application. Therefore, the company's only course of action should they doubt the accuracy
of a medical certification is to require that an employee be examined by a second health care provider at the company's expense. They company may choose the second party health care
provider, but that provider is not supposed to be one on contract with AMR or have any regular business dealings with the company.
If the second opinion conflicts with your health care provider's, you may be required to attend an
examination by a third health care provider, again at the company's expense. This third provider must be chosen jointly by the employee and the company.
If the third provider says that you are able to do your job, or denies that your condition is serious,
the company can deny the leave or if absences have occurred, take disciplinary action.
The company may not deny a completed medical certification if it does not utilize the second and third
opinion procedure. If this occurs, a complaint with the Department of Labor should immediately be
filed. It is important to note however, it is critical that the application be filled out correctly by your
health care provider. The DOL informed me that often times when the actual application is reviewed,
it is because the health care provider did not indicate the condition as serious or chronic on the initial FMLOA application.
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