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Using Medical Experts in Determining Leave Under ADA and FMLA


Reduce FMLA and ADA abuse and stay in compliance when using medical certifications and second opinions.

Many employers subject to the FMLA and ADA do not understand all of their rights and responsibilities with respect to obtaining medical certifications accompanying the necessary paperwork of an eligible employee's request for leave. They also do not understand when it is beneficial to obtain medical recertification or employer health care provider second opinions to ensure employee safety on the job and to mitigate the expense of FMLA and ADA abuse in their workplace. This topic helps those responsible for handling and processing FMLA and ADA paperwork understand how to review employee medical certifications to ensure clarity and completeness in the health care provider's documentation and know the proper procedures of when it becomes necessary to seek medical recertification or a second opinion. Failing to understand the regulations set forth by the FMLA and ADA as they pertain to medical certifications, recertifications, and second opinions is one of the most common errors employers make in ensuring compliance with these acts. This information is critical for employers in ensuring the safety of their employees and customers but also to mitigate the rising expenses of FMLA and ADA abuse.



Peter E. Hansen

Peter E. Hansen

SmithAmundsen LLC

  • Senior Counsel, SmithAmundsen
  • Defends employers against claims of discrimination and retaliation under the state and federal laws, including the ADA, ADEA, FMLA, FLSA, IHRA, and Title VII
  • Represents clients in all phases of state, federal, and administrative agency litigation and government hearings
  • Works with employers of all sizes in many different industries, including security, construction, health care, and nonprofit
  • Co-author, Illinois Employment Forms-Online Version (available through the Illinois Chamber of Commerce); associate editor, Kane County Bar Briefs Magazine
  • Member of the Illinois State Bar Association, Wisconsin State Bar Association, and Kane County Bar Association
  • J.D. degree, Marquette University Law School
  • Can be contacted at [email protected] or 630-587-7971

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