Must employees take a fitness for duty exam when returning to work from an FMLA leave?
Yes, but only if the employer gives specifically notifies the employee that it requires a fitness-for-duty certification in the designation notice, described above. The only fitness for duty exam that the employee must pass is one by his or her own doctor. An employer may require an employee to obtain a certification from his or her health care provider stating that the employee is fit to resume work following an FMLA leave. The employer may provide the employee with a list of the employee’s essential job duties together with the designation notice, described above, in which the employer originally advises the employee of the necessity for a fitness-for-duty certification. If the employer provides such a list of essential functions, it may require the employee’s health care provider to certify that the employee can perform them. The general restriction on obtaining a new fitness-for-duty certification apply to returning to work from each intermittent leave event. However, an employer c
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