return to work authorization

Irie

We are revising our handbooks. In the new handbook we have included the following statement: "Employees who are absent more than three consecutive work days are required to present a physician's statement authorizing their return to work."

Can we require the same statement from an employee who has been approved for intermittent FMLA if they are absent more than three consecutive work days?

Thanks.

bethk

I believe you can. The "Approval for Family or Medical Leave" form we use has a statement that states
"You ( ) will ( ) will not be required to present a fitness-for-duty certificate prior to being restored to employment".

The only time I check the 'will not' box is when someone is on pregnancy leave, barring any complications.

The form we used is approved by our lawyer and it's based on the form by M. Lee Smith's FMLA Comliance CD.

JAthey

The regulations regarding fitness for duty authorizations appear at 29 C.F.R. § 825.312. Specifically, you need to look at section 825.312(f), which states, "An employer is not entitled to a certification of fitness to return to duty for each absence taken on an intermittent or reduced leave schedule." In short, you may require a FFD certification for intermittent leave only:

1) up to once every 30 days, and
2) if "reasonable safety concerns" exist regarding the employee's ability to do his job (as a result of the serious health condition for which he or she is taking leave).

The regulations do not provide substantial guidance as to what qualifies as a reasonable safety concern. However, I do recommend that you consult the exact wording of 29 C.F.R. § 825.312(f), which is too lengthy for me to type in full here.

I hope this helps.

Julie Athey
Author - FMLA Compliance: Practical Solutions for HR

bethk

Thank you! That's good to know.