Require employee to see physician?
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.