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Clarification of payment for 2nd opinion request by employer Georgia

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  • Clarification of payment for 2nd opinion request by employer Georgia


    I went out on disability 03/23/09, I submitted my FMLA paperwork to my employer via email Friday, 04/03/09 in the early morning hours. I received a voice message from my employer around 8:30 am on 04/03/09 stating my physician did not provide information where inidicated "see notes" on question #1 on the FMLA form. I contacted my physician informed them of the oversight and they said they will take care of the matter. Monday 04/06/09 I received a fedex package from my employer requesting the second opinion.

    I have read the information on the DOL website about employer right to obtain a second opinion however, my issue comes down to payment.

    1. Does the employer have the right to request the employee to utilize their private insurance to obtain the second opinion?

    2. Who is responsible for finding a doctor for the second opinion, if the company does not have their own healthcare provider according to the FMLA guideline?

  • #2
    The employer can request a second opinion at the employer's expense. Although the employer can choose the second health care provider, that person may not be someone who works for the employer on a regular basis. If the first & second opinions differ, the employer can request a third opinion/certification - again at the employer's expense. This third health care provider must be someone whom both the employer & employee agree upon. This third opinion is final & binding.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      Thanks Betty 3 for responding to my inquiry,

      But my question still remains does the employer have the right to request that I use my private insurance plan to seek out a provider, when they are in doubt of what my physician supplied on the FMLA form?