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Family and Medical Leave Act Advisor

Military Caregiver Leave Certification - Current Servicemember
Second and Third Opinions

§ 825.310

When a certification for military caregiver leave has been completed by a non-military-affiliated health care provider, as defined in § 825.125, an employer may request a second and third opinion. (For additional information about second or third options, see Medical Certification – Second and Third Opinions.)

Second and third opinions are NOT permitted for leave to care for a current servicemember when the certification has been completed by a:

  • U.S. Department of Defense (DOD) health care provider;
  • U.S. Department of Veterans Affairs (VA) health care provider;
  • DOD TRICARE network authorized private health care provider; or,
  • DOD non-network TRICARE authorized private health care provider.

Return to Military Family Leave Certifications.