Return to Work and Fitness-for-Duty Certification Challenges Under the FMLA and ADA

Description

Managing an employee’s return to work after FMLA leave is challenging for employers, especially when the employee requests additional time beyond the 12 weeks that FMLA requires. An interactive process between the employer and employee is critical to determining whether the employer is legally obligated under the ADA to provide an accommodation to the employee, which could include extending the leave, holding the employee’s job open, and/or giving light duty work upon their return.

When an employee returns from FMLA leave related to a severe health condition, the employer may require a fitness-for-duty certification from a healthcare provider, as long as the employer provides the employee notice of that requirement when FMLA leave is granted. Employment counsel must guide clients on when to request and how to evaluate fitness-for-duty certifications and ensure consistent administration of return-to-duty certifications.

To minimize missteps when managing return to work issues, employment counsel should advise their clients to require documentation of the employee’s medical condition and its impact on the employee’s ability to perform the job; examine the essential job functions as specified in the formal job description; and evaluate whether the employer can offer a reasonable accommodation so that the employee can perform essential job functions. The employer should document the process and outcome in detail throughout to minimize or defend against interference or retaliation claims.

Listen as our authoritative panel discusses essential considerations and best practices for employers to ensure that their return to work and fitness-for-duty certification practices are legally compliant.