White v. County of Los Angeles

Opinion

CROSKEY, Acting P. J.

When an employee takes leave under the Family and Medical Leave Act of 1993 (FMLA) (29 U.S.C. § 2601 et seq.), the employee is entitled to be restored to employment upon certification from the employee’s health care provider that the employee is able to resume work.

The employer is not permitted to seek a second opinion regarding the employee’s fitness for work prior to restoring the employee to employment. The question presented by the instant case is whether, if the employer is not satisfied with the employee’s health care provider’s certification, the employer…