Employees who take protectedare only entitled to return to their jobs after leave if they are cleared to perform that job.
Employers that want a specific fitness-for-duty certification must ask for more than just the certification. They also have to provide the employee with a list of the job’s essential functions for the doctor to use when assessing fitness for duty.
Otherwise, the doctor’s statement that the employee is fit for work may be very general—and then the employer will be obliged to let the worker return. Employers can’t second-guess the certification.
Recent case: Vanessa had a job that required a lot of typing. Performance was based on how many files she completed within a set time frame, but didn’t include a specific words-per-minute typing requirement.
When Vanessa hurt her pinkie finger, she went to her doctor. He put a splint on her hand and she showed up at work the following day. Her superv...(register to read more)