Require employee to see physician?

kkoomar · March 2010

We have an employee who had back surgery last summer (not work related), came back to work with no problems, but recently began missing time due to pain in his back. His performance (except the absenteeism) has not deteriorated, and he does not claim that the work he does for us is causing the pain (he farms on the side). Our plant manager wants us to mandate that he see our company doctor for an assessment of his functional capacity. I don't believe we can do this (I know we shouldn't do this). However, I don't know what legal restrictions I can quote to the plant manager to convince him that we should not do this. Any ideas? Thank you.

TXHRGuy · March 2010

Take a look into ADA permissible medical inquiry. It's been discussed in considerable detail on these boards before, too - so a search may find you some of the discussions about ADA restrictions. ADA can be a messy place and it's interpretation in some areas varies from circuit to circuit, so consider talking to counsel.

cappy · March 2010

As TX says take a look at this: http://www.eeoc.gov/policy/docs/guidance-inquiries.html#1

Require employee to see physician?

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