Do you need a fitness for duty certificate after FMLA?
An employer that asks an employee returning from FMLA leave to submit a fitness for duty certificate must also meet the ADA requirements. The FMLA does not authorize independent medical examinations (“IME”) to investigate an employee’s fitness-for-duty upon return from FMLA leave.
When do employers request a fitness for duty certification?
The employer is a Employers routinely request fitness for duty certifications for employees returning from medical leave under the Family and Medical Leave Act (FMLA). The FMLA’s fitness for duty certification is simply a doctor’s note, stating that the employee is able to resume work.
Can a employer keep an employee out on FMLA?
On a number of occasions, we have discussed whether an employer can keep an employee out on FMLA leave even though they want to return, or whether an employer can require an employee to undergo a full medical examination before returning from FMLA leave.
How does the family and Medical Leave Act protect employees?
The law sets requirements for notice, by both the employee and the employer, and provides employers with the right to require certification of the need for FMLA leave in certain circumstances. The law protects employees from interference and retaliation for exercising or attempting to exercise their FMLA rights.
On a number of occasions, we have discussed whether an employer can keep an employee out on FMLA leave even though they want to return, or whether an employer can require an employee to undergo a full medical examination before returning from FMLA leave.
Can a employer require me to take a fitness-for-duty?
This standard will generally be met if the employer has a reasonable belief that: the employee’s condition may prevent the employee from performing the job’s essential functions, or the employee poses a direct threat to his or her own safety or the safety of others.
Can a employer ask about a medical leave of absence?
This is often a mistake. As a general rule, an employer should never ask about an employee’s underlying medical condition or diagnosis, either orally or in writing. If the employee has a serious medical condition, the leave may be protected by FMLA.
Do you have to give an employee an indefinite leave of absence?
Numerous courts have ruled that an employer is not required to grant an employee’s request for an indefinite amount of time off from work. But an employer does have an obligation to consider on a case-by-case basis whether it can accommodate an employee who requests a leave of absence for some finite period of time after his or her FMLA leave ends.