Q. We have an employee returning from. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job because he wasn’t off work very long. We’re worried that he didn’t have enough time to recover completely. Further, the fitness-for-duty certificate simply states that he is “able” to work; it doesn’t address his specific job requirements. Can we send him to another physician for a second fitness-for-duty examination?
A. Not for the reasons that you describe. Theand its regulations clearly state that the employer must accept the employee’s fitness-for-duty certification.
You can, with the employee’s permission, request clarification of the worker’s fitness-for-duty certificate from his health care provider. However, you cannot require a second opinion. Moreover, the regulations state that the certificate “need only be a simple statement of an employee’s ability to return to work.”
You can, however, require the employee to submit to a fitness-for-duty examination when you have independent reasons (separate from the facts surrounding the leave itself) to doubt the employee’s ability to perform his job. In such situations, the worker should be permitted to return to his job. Then if questions about his fitness for duty arise because of problems he has when performing the work, you can then require another examination.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Fewer employers offering flextime schedules
- It IS your business: Protect domestic-violence victims at work
- OK to ask worker to cancel M.D. appointment; that isn't the same as denying FMLA leave
- Employee in drug treatment? Consider DATWA before firing