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Healthcare Provider Certification Under The FMLA

Third Opinions

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If the initial opinion and a second opinion conflict, either the employer or employee may request a third opinion.

Both employer and employee have to agree to the identity of the healthcare provider to issue the third opinion. 

The third opinion is final and binding on both parties.

NOTE: Both parties must act in good faith in choosing the provider for the third opinion. If either party does not act in good faith, that party is bound by the other party's certification.


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