Does my employer have the right to request a medical certification for FMLA leave?

Yes, in Colorado your employer does have the right to request a medical certification for FMLA leave. Under the Family and Medical Leave Act (FMLA), covered employers are allowed to require employees to provide medical certification of a serious health condition to take FMLA leave. In Colorado, your employer may require that the certification be completed and returned within 15 calendar days of the employer’s request for certification. If the employee does not provide the required certification within the 15-day deadline, the employer can delay the start of the employee’s FMLA leave or the employee may not be able to take FMLA leave at all. Your employer also has the right to request a second (or third) opinion from a different healthcare provider and/or to require a fitness for duty exam before the employee returns to work. If either situation arises, the employer must pay for the cost of both the second opinion and the fitness for duty exam. In addition, if your employer has reasonable doubt about the validity of the medical certification, it can contact the employee’s healthcare provider directly. In summary, your employer does have the right to request a medical certification for FMLA leave in Colorado. It is important for employees to understand the certification process and the requirements of FMLA in order to ensure their rights are fully protected.

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