Page:United States Statutes at Large Volume 107 Part 1.djvu/38

 107 STAT. 12 PUBLIC LAW 103-3 —FEB. 5, 1993 a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and (7) in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section 102(a)(l)(C), a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the son, daughter, parent, or spouse who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule. (c) SECOND OPINION.— (1) IN GENERAL. —In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) for leave under subparagraph (C) or (D) of section 102(a)(l), the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) for such leave. (2) LIMITATION.— A health care provider designated or approved under paragraph (1) shall not be employed on a regular basis by the employer. (d) RESOLUTION OF CONFLICTING OPINIONS.— (1) IN GENERAL. — In any case in which the second opinion described in subsection (c) differs from the opinion in the original certification provided under subsection (a), the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b). (2) FINALITY.— The opinion of the third health care provider concerning the information certified under subsection (b) shall be considered to be final and shall be binding on the employer and the employee. (e) SUBSEQUENT RECERTIFICATION.—The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis. 29 USC 2614. SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION. (a) RESTORATION TO POSITION. — (1) IN GENERAL.— Except as provided in subsection (b), any eligible employee who takes leave under section 102 for the intended purpose of the leave shall be entitled, on return from such leave— (A) to be restored by the employer to the position of employment held by the employee when the leave commenced; or (B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (2) LOSS OF BENEFITS. —The taking of leave under section 102 shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. (3) LIMITATIONS.— Nothing in this section shall be construed to entitle any restored employee to—

�