An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

e. What May A School Do If It Questions The Adequacy Of A Medical Certification? If an employee signs an authorization, release, or waiver allowing the school to communicate directly with the health care provider of the employee or his or her covered family member, the school may contact the health care provider. Only a human resources professional, a leave administrator, or a management official may contact the health care provider. Under no circumstances may the employee’s direct supervisor contact the employee’s health care provider. 1229 In addition, if the employee submits a complete certification signed by the health care provider, the school may not request additional information. 1230 The school may only contact the health care provider for purposes of clarification and authentication of the medical certification (whether initial certification or recertification) after the school has given the employee an opportunity to cure any deficiencies. 1231 f. Second Or Third Medical Opinions If the school has reason to doubt the validity of the certification for an employee’s care of a family member or of the employee’s serious health condition, the school may require, at its own expense, that the eligible employee obtain the opinion of a second health care provider designated or approved by the school concerning information certified. The health care provider may not be employed by the school on a regular basis. 1232 Where the second opinion differs from the first, the school may require, at its own expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the school and employee concerning the information that was certified. 1233 The opinion of the third health care provider shall be considered final and binding on the school and employee. 1234 g. Recertification Schools may also require that employees obtain recertification on a reasonable basis. A school generally may not request recertification more often than every 30 days. 1235 If the medical certification indicates that the minimum duration of the condition is more than 30 days, a school must wait at least until that minimum duration expires before requesting a certification, or six (6) months, whichever comes first. 1236 A school may request recertification in less than 30 days if: (1) the employee requests an extension of leave; (2) circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications); or (3) the school receives information that casts doubt upon the employee’s state reason for the absence or the continuing validity of the certification. 1237 h. Availability Of A Light Duty Assignment An employee on FMLA leave is not required to engage in the interactive process or to accept a reasonable accommodation (as is the case under the Americans with Disabilities Act). 1238 However, where an employee is on both FMLA and workers’ compensation leave, and his or her health care provider certifies that the employee is able to return to work in a light duty position,

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