If you have a standard policy that requires employees returning from sick leave to show that they’re fit for work, you can also require employees who useto provide the same.
Recent case: David Verkade worked for the U.S. Postal Service as a mail sorter. He suffered from Meniere’s disease, which can cause vertigo, severe dizziness, tinnitus and hearing loss.
The post office accommodated Verkade’s condition by allowing him to sort mail manually rather than by machine, as the machinery apparently could aggravate his condition.
But sorting by hand didn’t entirely solve Verkade’s problems. Sometimes, he would take off work because of severe dizziness and claimleave for each instance. And each time, the post office required him to provide medical certification for the absence, along with a medical note indicating he was cleared to return to work. The post office was concerned that if Verkade was still dizzy, he might hurt himself on other equipment at the facility.
Verkade sued, alleging he had been denied immediate reinstatement following FMLA leave.
A federal appeals court disagreed. It noted that employers can require returning employees to prove they’re capable of doing their jobs if the requirement applies to everyone absent for similar reasons and those who take FMLA leave aren’t singled out. It dismissed Verkade’s lawsuit. (Verkade v. U.S. Postal Service, No. 09-1268, 6th Cir., 2010)
- Employers sue over tapping unemployment fund for family leave
- Can we terminate a poor performer who is currently out on FMLA leave?
- Paid organ and marrow donor leave law now in effect
- How to prevent leave double-dipping: Prohibit vacation travel during paid FMLA leave
- Tell those on FMLA leave: No working from home