Returning From FMLA

jmayer

Can an employer send a employee that is returning from Family Medical Leave to the employers doctor to get a second opinion verifying the employees ability to perform the essential functions of their job?

NaeNae55

You can ask for a second opinion from anyone, as long as you pay for it. If the second opinion differs from the employee's doc, you cannot just go with the second opinion. You will then need to get a third (which you pay for).

Good luck!

joannie

For our DOT certified drivers, we send them at our expense for a return to work physical with our MRO. For non-dot employees, I send the job description to the releasing doctor along with a form that asks if the employee can meet the physical requirements listed on the job description and can safely perform the required duties. It also asks with or without accommodation.

Sharon McKnight SPHR

[quote=jmayer;723197]Can an employer send a employee that is returning from Family Medical Leave to the employers doctor to get a second opinion verifying the employees ability to perform the essential functions of their job?[/quote]


Your first post! Welcome to the Forum. :welcome:
Sharon

jmayer

Yes, we do the same however, I've become suspect a couple of times when it becomes obvious that the individual is not capable of performing their work.

joannie

[quote=jmayer;723213]Yes, we do the same however, I've become suspect a couple of times when it becomes obvious that the individual is not capable of performing their work.[/quote]

I understand completely; however, as an HR mentor of mine once told me, "You have to let the doctor be the doctor."

The only other way I know of to avoid this would be to initiate a worksteps program where you have physical tests that must be performed and passed to ensure the individual is capable of doing the job. You would need to utilize this pre-employment and return to work.