The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second medical opinion. Employers in the Ninth Circuit may, in certain circumstances, rely on nonmedical evidence in contesting an employee’s right to FMLA leave.
Quick Hits
- In Perez v. Barrick Goldstrike Mines, Inc., the Ninth Circuit joined the Second, Fourth, Sixth, and Eighth Circuits in holding that an employer’s right to obtain a second opinion is permissive, not mandatory, under the FMLA.
- A jury may consider an employer’s nonmedical evidence in determining whether an employee had a “serious health condition” under the FMLA.