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Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave
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.
