Fake Doctors Note Authentication – FMLA’s rules on Second and Third Opinions

A doctor’s note is supposed to be a medical excuse issued by health care procedure stating that the patient has a medical condition that would not allow him or her to continue work for a time. In other words, the note is a kind of authorization to the patient to stay away from work so as to regain his or her health. There are still medical notes that stipulate that a patient is fit to return to work.

An employer is supposed to be legally bound by law to accept a doctor’s note if it is authentic. With the increase in fake doctor’s notes usage some employers could be strict with the authentication. If the employer is acting under the FMLA rules, then the proper authentication procedure should be followed.

The employer can contact the health care provider designated in the note to verify the authenticity of the note. This should come up if, of course, the employee refuses or fails to authenticate the doctor’s note.

The employer can proceed to seek for second and third opinion if the he feels that the verification from the health care provider is not correct. Another place to get a great doctors note template is webmarcie.

When it comes to the use of a second and third time opinion, the FMLA stipulates that the employer must follow the steps highlighted below:

  • First off, the employer can request the employee to go for a second opinion and all expenses is to be taken care of by the employer.
  • While the receipt of the second opinion is pending, the FMLA requires the employee is entitled to be provisionally allowed all titles and privileges.
  • The employer has the right to designate an intermittent leave of the employee as non-FMLA if the certifications do not establish the employee’s right to an FMLA leave.
  • The second opinion is to be received from health care provider designated by the employer. This health care provider must be an independent health care provider that the employer does not contract with or otherwise regularly use the service.
  • In case there second opinion differs from the first, or that the employee’s and the employer’s designated health care provider’s opinions differ, the employer can request a third opinion from a third health care provider. Of course, this should also be at the expense of the employer.
  • The third opinion is final and binding to all. The employer is required to furnish the employee copies of the second and third opinions at request within five business days.

Conclusively, these are procedures to be followed by the employer to authenticate a doctor’s note if there are suspicions that it could be faked.

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