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FMLA- prescription drugs

thompsonthompson 11 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
If you are aware that an employee is taking a perscription drug because they inform their supervisor of the drug, can we as the employer ask her physician to complete a fitness for duty for the employee. We want to see is she is able to perform the duties of the position under the influence of this drug. She works in a lab. Thanks.
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  • 3 Comments sorted by Votes Date Added
  • Still Need CoffeeStill Need Coffee 507 Posts
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    I'm assuming from the title of your post that this is someone who either just came back from FMLA or is on intermittent FMLA???

    If you already have a FMLA RTW notice from the physician that doesn't indicate any restrictions, you should be covered, unless the EEs behavior/performance has changed. Do you have a reason to suspect they may not be able to do their job while on this drug?
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  • thompsonthompson 11 Posts
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    The supervisor believes this drug could affect the employee's ability to perform the job of property testing.
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  • NaeNae55NaeNae55 3,243 Posts
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    Did the employee say something like, "Oh by the way..." Or did they come to their supervisor and say, "I need to report to you that..."? It might help you determine how best to approach this issue. If the employee is already aware that there might be a problem then asking her to have her doctor sign off is a lot easier than her seeing you as suddenly requiring medical information about her.

    Are you sure this is an issue? If so, then you definitely must act. Have her take her job description to her doctor and let [I]him/her[/I] sign off on it and be the one responsible.
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