Coronavirus (COVID-19) News and Resources
Coronavirus (COVID-19) Webcasts
Subscribe to Free Daily Newsletters
Post a Job

Featured Jobs

Defined Contribution Account Manager
Nova 401(k) Associates logo
Nova 401(k) Associates
(Houston TX / Dallas TX / Scottsdale AZ / Telecommute)
Retirement Plan Processor
T Bank NA logo
T Bank NA
(Dallas TX)

Free Daily News and Jobs

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Get the BenefitsLink app LinkedIn
Twitter
Facebook

<< Previous news item   |   Next news item >>



Employer Can Seek Second Opinion After Doctor Finds Employee Fit to Return from FMLA Leave
FMLA Insights Link to more items from this source
Apr. 30, 2014
"The court's guidance gives employers a road map we clearly can follow: before the employee's return to work from FMLA leave, the employer must accept the employee's health care provider's certification and return the employee to the same or equivalent position; after the return to work (and I mean immediately upon return), FMLA protections no longer apply, and the employer may immediately place the employee on a leave of absence and require a medical examination pursuant to the ADA.... [T]he employer need not ignore pre-FMLA leave events when assessing the fitness for duty of an employee who has returned from an FMLA leave.... [T]he employer should be ready to demonstrate that the employee's condition 'impacted, or posed a risk to, the employee's work.'" [White v. County of Los Angeles, No. B243471 (Cal. Ct. App. Apr. 15, 2014)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2020 BenefitsLink.com, Inc.