Fitness for Duty Exams

News & Analysis as of

Dr Who? Australia's FWC Says the Company Can Decide

A recent decision by the Full Bench of Australia's Fair Work Commission (Commission) has held that an employer has the right to: - direct an employee to attend a company doctor for an assessment to verify his or her...more

Employer Can Require Fitness-For-Duty Examination After Return From FMLA Leave

A California appeals court in White v. County of Los Angeles held that an employer could require a fitness-for-duty examination after returning an employee to work based on her medical provider’s certificate, provided that...more

Fenwick Employment Brief - May 2014

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace - In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently...more

California Employment Law Notes - May 2014

Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed - Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014). Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more

May an Employer Request a Fitness for Duty Exam After an FMLA Leave?

When an employee goes out on an approved medical leave and returns to work following the leave, employers sometimes question whether the employee is ready to return to the workplace. Most employers correctly request a release...more

Employer May Require Medical Reevaluation of Employee's Fitness For Duty Following FMLA Leave

Reevaluation Allowed as long as Job-Related and Consistent with Job Necessity - A California Court of Appeal recently held that the Los Angeles County District Attorney’s Office’s (DA) decision requiring an...more

Doctor Doctor Give Me the News, Is My Employee Fit for Duty After FMLA Leave?

On April 15, 2014, a California appeals court ruled that after an employee returns to work from leave under the Family and Medical Leave Act (FMLA), an employer can require a medical reevaluation related to the health...more

California Court Issues Important Decisions Regarding Fitness for Duty Evaluations Following FMLA Leave

In the case of White v. County of Los Angeles, the California Court of Appeals recently considered whether an employer may seek its own medical evaluation of an employee’s fitness for duty, even when the employee’s treating...more

MMPI Was Job-Related and Consistent With Business Necessity Based on Employee’s Hostile Conduct and Independent Psychologist’s...

Proclaiming that "statutory interpretation requires judges to use a little common sense," the Eleventh Circuit Court of Appeals recently ruled that an employer lawfully required an employee to undergo a...more

Employee’s Threatening Behavior May Justify Mandatory Medical Examination

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. ...more

Lying to Doctors for Fitness for Duty Exam Can Still Get You Fired… But Only If You’re a Police Officer

Sometimes, cases that seem like a no-brainer are anything but. Just ask the Town of Stratford which finally won an appeal to the Connecticut Appellate Court. The case, Stratford v. American Federation of State, County...more

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