Takeaway: This decision expands the number of circuits that have held that the FMLA does not require an employer to seek recertifications or additional medical opinions before contesting the validity of a certification. While the FMLA gives an employer the option of requiring a second or third opinion and seeking recertification, it does not require an employer to provide contrary medical evidence if it doubts the validity of the original certification.

An employer is not required to present contrary medical evidence before contesting a doctor’s certification of a serious health condition under the Family and Medical Leave Act (FMLA), a federal appeals court ruled.

In the case, an underground haul truck driver claimed that his former employer, a mining company, wrongfully interfered with his rights under the FMLA when it terminated his employment.

The driver claimed he was injured when his haul truck collided with a mine wall and his chest was thrust into the armrest of the driver’s seat. Company policy requires employees to report “all injuries and incidents immediately,” but the driver didn’t report the collision until the end of his shift, hours later. Neither the onsite emergency medical technician nor the doctor who treated the driver found any outward signs of injury. Further, the doctor found no abnormalities in the driver’s X-rays or in the functioning of his heart and lungs.

However, based on the driver’s reported pain, the doctor diagnosed him with a chest wall...

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