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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)]

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