News & Analysis as of

Family and Medical Leave Act (FMLA) › Medical Examinations

Tucker Arensberg, P.C.

Considerations When Updating Your Employee Handbook

Tucker Arensberg, P.C. on

Employee handbooks are an effective tool for employers for a variety of reasons. They set the rules of the road for your organization, aid in legal compliance, and can help your managers deal with potentially difficult...more

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

Constangy, Brooks, Smith & Prophete, LLP on

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Williams Mullen

The COVID-19 Vaccine Is Here - Can Employers Mandate Immunization?

Williams Mullen on

COVID-19 vaccines are finally here. The rollout has begun in healthcare settings across the nation. However, despite broad support for the vaccines and their near-universal endorsement by the medical community, many...more

Miles & Stockbridge P.C.

EEOC Releases Guidance for Employers on COVID-19 Vaccinations

Miles & Stockbridge P.C. on

As news of a COVID-19 vaccine increased during the late fall, employers were anxiously awaiting EEOC guidance as to whether they could require employees to get vaccinated. While it will be several more months before the...more

Cozen O'Connor

COVID-19 FAQs For California Employers

Cozen O'Connor on

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

Bricker Graydon LLP

[Webinar] COVID-19 Legal Issues for Employers - March 18th, 11:00 am - 12:00 pm EST

Bricker Graydon LLP on

Employers of all sizes and in all industries continue to grapple with unique employment law issues in the face of the COVID-19 (coronavirus) outbreak. While the safety of an employer’s workforce should be its top priority,...more

Parker Poe Adams & Bernstein LLP

Mandatory Disclosure of Prescription Drug Use May Violate ADA

Parker Poe Adams & Bernstein LLP on

When an employee tests positive for illegal drug use or self-discloses such use, many employers condition return to work on the employee’s participation in a substance abuse treatment program. These programs can include drug...more

Seyfarth Shaw LLP

Seventh Circuit Declines To Address The EEOC’s Challenge To The Legality Of Employer’s Wellness Plan

Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employee lost his employer-funded health insurance because he failed to complete a medical examination required by his employer, the EEOC sued the employer under the ADA’s ban on involuntary...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

Franczek P.C.

Chronic Conditions: Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?

Franczek P.C. on

Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday. Cleaning floors...more

Bradley Arant Boult Cummings LLP

Plaintiff Alleges Violation of FMLA for Being Required to Show Mastectomy Scars Before Returning to Work

Bradley Arant Boult Cummings LLP on

In a Complaint recently filed in a Florida federal court (Andrea Santiago v. Broward Health), social worker Andrea Santiago alleged that her employer, Broward Health, violated the FMLA when it refused to waive a policy...more

Orrick - Employment Law and Litigation

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

Orrick - Employment Law and Litigation on

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

Franczek P.C.

Employer Can Seek Second Opinion After Doctor Finds Employee Fit To Return From FMLA Leave

Franczek P.C. on

On a number of occasions, we have discussed whether an employer can keep an employee out on FMLA leave even though they want to return, or whether an employer can require an employee to undergo a full medical examination...more

Franczek P.C.

DOL Busts Employer For Requiring Annual Medical Certification Without Leave Request

Franczek P.C. on

The DOL is on a roll, and employers can't be amused....more

Franczek P.C.

I Believe My Employee Is Unfit To Return To Work. Can I Require A Full Medical Examination Before His Return?

Franczek P.C. on

Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence? ...more

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