News & Analysis as of

Family and Medical Leave Act (FMLA) Fitness for Duty Exams

McAfee & Taft

Make sure you’re fit to administer the FMLA’s fitness-for-duty certification requirements

McAfee & Taft on

Maybe you’ve experienced this: an employee experiences a serious health condition, you provide the required FMLA paperwork, and the certification form either comes back not fully filled out or so vague that you are unable to...more

Constangy, Brooks, Smith & Prophete, LLP

Fit for duty? Be careful what you ask for.

At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more

Jackson Lewis P.C.

Connecticut Family and Medical Leave Act Regulations in Final Review; Notices Required as of July 1

Jackson Lewis P.C. on

Over six months after the Connecticut Family and Medical Leave Act (Connecticut FMLA) took effect, proposed regulations are slated for consideration and approval by the Connecticut Legislative Regulation Review Committee...more

Pullman & Comley, LLC

Federal Family and Medical Leave Act and COVID-19

Pullman & Comley, LLC on

The United States Department of Labor has issued “COVID-19 or other Public Health Emergencies and the Family and Medical Leave Act Questions and Answers” (the “DOL COVID-19 FAQ”).  The DOL COVID-19 FAQ provides the following...more

Littler

Dear Littler: What to Do When an Employee Threatens Suicide?

Littler on

Dear Littler: One of our employees told a coworker that she is very depressed and contemplating suicide. The coworker feels this is a serious, and potentially imminent, situation and immediately reported her concerns to us. ...more

Seyfarth Shaw LLP

Is Your Employee As Fit As A Fiddle?

Seyfarth Shaw LLP on

Seyfarth Synopsis: While employees often will toot their own horn, employers sometimes may have concerns about their ability to safely perform their job. If this situation rings a bell, it will be music to your ears to hear...more

Littler

Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

Littler on

Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to...more

Seyfarth Shaw LLP

11th Circuit Reminds Employers: Proceed Cautiously When Terminating Employees Shortly After FMLA Leave

Seyfarth Shaw LLP on

Seyfarth Synopsis: While employees who have recently taken leave may be terminated for legitimate reasons, establishing a non-retaliatory termination can be challenging. The timing of the termination alone can support...more

Jackson Lewis P.C.

What Am I Doing Wrong?? Common FMLA Mistakes.

Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the sixth in a monthly series highlighting some of the more common mistakes employers can...more

Franczek P.C.

Can an Employer Require That an Employee Submit FMLA Certification from a Specialist to Support the Need for FMLA Leave?

Franczek P.C. on

When it comes to FMLA medical certification, my clients have many complaints. One beef, in particular, is vague medical information they receive on a certification completed by the employee’s primary care physician. This...more

Mintz - Employment, Labor & Benefits...

Busted [Bracket]: Facebook Posts From Employee’s Vacation Undermine FMLA Claims

Ah, the tell-tale signs of March are here. The winter is starting to dissipate in the northern climes, we’ve set the clocks forward, and Syracuse is bound for another Final Four run. Unfortunately, most teams won’t be so...more

Franczek P.C.

Requiring an Employee to Return from FMLA Leave "Without Restrictions" or "Fully Healed" Is Playing with Fire

Franczek P.C. on

Do you know what happens when you maintain a policy or practice that requires an employee to return to work without restrictions or “100% healed”? You pay. A lot. Just ask Brookdale Senior Living Communities....more

McAfee & Taft

Rules differ regarding second opinions on fitness-for-duty certifications

McAfee & Taft on

Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the...more

Proskauer Rose LLP

Trends in New Jersey Employment Law - September 2014

Proskauer Rose LLP on

Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more

Franczek P.C.

Employer Rejects Employee's Fitness for Duty Certification, Faces FMLA Liability

Franczek P.C. on

The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave....more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Proskauer Rose LLP

California Employment Law Notes - May 2014

Proskauer Rose LLP on

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

Best Best & Krieger LLP

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

Orrick - Employment Law and Litigation

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

Poyner Spruill LLP

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

Poyner Spruill LLP on

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

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