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Expert Analysis

Job Safety Concerns May Permit Post-FMLA Medical Exams

Law360, New York (May 30, 2014, 10:56 AM EDT) -- A California appellate court recently held that, where evidence suggests an employee's medical condition may affect his or her ability to perform a job safely, the employee may be required to undergo a fitness for duty evaluation upon returning to work following leave under the Family and Medical Leave Act. The court held that such an evaluation can be required even when the employee already has submitted a doctor's certification approving his or her return to work. The decision may give employers latitude to seek a second opinion in similar circumstances....

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