Returning to Work: Fitness for Duty Exams
Ready to come back? Your employer might require a 'Fitness for Duty' certification. Know the rules before your first day back.
Introduction
You are healed and ready to work. But your boss says, "Not so fast—we need a note." This is a Fitness for Duty exam.
When is it Legal?
Your employer CAN require this **IF**: 1. They notified you of this requirement in the original Designation Notice. 2. The exam is limited to the **specific health condition** that caused your leave. 3. It is job-related (can you perform your essential duties?).
Restrictions
- They **cannot** require a full physical exam unrelated to your leave.
- They generally **cannot** require a second opinion on a return-to-work certification (unlike the initial leave certification).
- They **cannot** delay your return if you provide a simple statement from your doctor saying you are cleared.
Light Duty
If your doctor clears you for "light duty," you DO NOT have to accept it. You can choose to stay on FMLA leave until you are 100% recovered (up to 12 weeks). However, accepting light duty saves your remaining FMLA entitlement.
Conclusion
Get your clearance note signed before your first day back to avoid being turned away at the door.
*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice.*
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