Tag Archives: Fitness For Duty

Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition: A Recap of our Webinar

Thanks to those who attended my webinar last week with Matt Morris on “Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition.”  A link to the recording can be found here, and the presentation can be downloaded here. To those who attended, thank you.  To those who missed it, you … Continue Reading

Can Hillary Clinton Take FMLA Leave for Pneumonia? And Can Her Campaign Give Her the Boot Because She's a Key Employee?

Disclaimer! Disclaimer! This is not a political post. This is meant to be good, clean fun. But where current events meet the FMLA, I’m as giddy as a five-year old boy coming eye-to-eye with his first dump truck! Unless you’ve been living under a rock the past week, or you plug your ears and go “la-la-la-la . … Continue Reading

I Believe My Employee is Unfit to Return to Work. Can I Require a Full Medical Examination Before His Return?

Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence?   Take this situation I counseled a client through a few months back: one of their employees texted a suicide note — to about 40 of his co-workers.  Not surprisingly, it turned the workplace … Continue Reading

Update: Does GINA really require you to change your certification form?

Earlier this afternoon I received a voice message from an attorney in the EEOC General Counsel’s office, suggesting that our earlier post might have gotten things wrong when we said that employers should include the new GINA “safe harbor” language in their FMLA certification forms. So far we have only been able to exchange voice … Continue Reading

GINA Rules Require New Disclosures In Requests For FMLA Certification

Employers covered by the FMLA should take note of new final regulations under the Genetic Information Nondicrimination Act (GINA) published this week by the U.S. Equal Employment Opportunity Commission (EEOC). Although the FMLA is enforced by the U.S. Department of Labor, not the EEOC, the new GINA regulations require employers who seek medical certifications in support … Continue Reading

Conflicting Fitness for Duty Reports Preclude Retaliation Claim

What should an employer do when an employee’s doctor releases him to return to work, but its own doctor says that the employee cannot safely return? A federal district court in Kansas recently addressed this issue, holding that an employer’s reliance upon its own doctor’s opinion that an employee could not return to work was … Continue Reading