Fitness for Duty

yakley · September 2010

If a fitness for duty exam/eval is necessary, can you count the time absent from work i.e. until the results of a drug screen are determined, as FML?

NaeNae55 · September 2010

FMLA is for a serious health condition, a family member's serious health condition, or for the birth or adoption of a child. I don't think your scenario qualifies.

Still Need Coffee · September 2010

I agree with Nae. Would not count.

Sharon McKnight SPHR · September 2010

Is the fitness-for-duty exam coming at the end of an FMLA leave period?

Sharon

Irie · September 2010

Are you waiting for the drug screen to see if the employee is fit for duty after attending substance abuse rehab?

We put employees on FMLA to attend substance abuse evaluation. They are on FMLA until they go for a drug screen which determines whether they are fit to return to duty. If they fail the drug screen after rehab their employment is terminated.

yakley · September 2010

Because of absences which did not qualify as FML and physical evidence (tremors) determination made that a FFD eval, which includes a drug screen, was needed.
Doctor did not report he was fit for duty and 2 weeks later, after a 2nd visit, determined he could not perform the essential duties. Medical hold and further evaluation.
It's the two week period until the doctor determined he could not do the job that's in question. He used paid sick leave, but it is possible that we would need to restore that leave and call it admin leave?
Tks

ACU Frank · September 2010

Your FMLA cert should include a date when the condition qualified (in the doctor's opinion). If the doctor examined the employee 9/1, for example, but didn't render an opinion until 9/15, the doctor can (and probably should) still certify the condition qualified for FMLA as of 9/1.

Fitness for Duty

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