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

By Jeff Nowak on April 30, 2014
Posted in ADA, Medical Certification
medical exam

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 before returning from FMLA leave.  This scenario often arises where the employer has concerns…

Can an Employee Insist That the Employer Pay for FMLA Medical Certification?

By Jeff Nowak on February 11, 2014
Posted in Medical Certification

Let’s put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support an FMLA-related absence. Case in point: just last week, a client called me for help after one…

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

By Jeff Nowak on May 30, 2013
Posted in ADA, Medical Certification
kid doctor

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 upside…

About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

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Jeff Nowak
Littler Mendelson P.C. | 321 N Clark Suite 1000 | Chicago, IL 60654
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