When can an agency request a second or third medical opinion for FMLA leave?

If the agency has reason to question the validity of a medical certification or if the employee refuses to allow contact with their health care provider, the employee may be required to obtain a second opinion at the agency’s expense.
•    The second opinion provider is chosen by the agency but cannot be employed by or under contract with the State of Tennessee on a regular basis.
•    If the first and second opinions differ, the agency may require a third opinion from a provider agreed upon by both parties.
•    The third opinion is final and binding.
While waiting for the second or third opinions, the employee is provisionally entitled to FMLA leave, and the agency must pay for any reasonable travel expenses.
If the certifications do not confirm FMLA eligibility, the leave may be treated as paid or unpaid leave under normal policies.
For more information, visit the State of Tennessee Attendance and Leave Manual.