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California Court Finds Fitness-for-Duty Exam after Employee Restored to Job is Permitted under FMLA
Jackson Lewis LLP Link to more items from this source
Apr. 22, 2014
"[The employee] argued that, once her physician certified her to return to work, the [employer] could not require her to undergo a fitness-for-duty evaluation because the evaluation would undermine her return-to-work certification. The Court rejected this argument.... [and] concluded, 'the FMLA should be interpreted to render the employee's health care provider's opinion conclusive on the issue of whether the employee should be immediately returned to work, but to permit the employer to thereafter require a [fitness-for-duty evaluation], if it has a basis to question the employee's health care provider's opinion.'" [White v. County of Los Angeles, No. B243471 (Cal. Ct. App. Apr. 15, 2014)]

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