Can employers require employees to submit a fitness-for-duty certification before returning to work after being absent due to a serious health condition?
Yes. Under both the current and proposed regulations, as a condition of restoring an employee who was absent on FMLA leave due to the employee’s own serious health condition, an employer may have a uniformly applied policy or practice that requires all similarly situated employees who take leave for such conditions to submit a certification from the employee’s own health care provider that the employee is able to resume work. Under the current regulations, this fitness-for-duty certification need only be a simple statement of the employee’s ability to return to work. The proposed regulations stipulate that the fitness-for-duty certification must certify that the employee is able to return to work and must specifically address the employee’s ability to perform the essential functions of the position if the employer has appropriately notified the employee that this information will be required and has provided a list of essential functions. Additionally, under the proposed regulations, e
Related Questions
- Can employers require employees to submit a fitness-for-duty certification before returning to work after being absent due to a serious health condition?
- Can an employer require employees to take a (confidential) health screening before being allowed to participate in the employers health insurance coverage?
- Can we require safety-sensitive employees to submit to a drug/alcohol test if they were absent on the date a random drug/alcohol test occurred?
