Fitness For Duty Examinations After Injury

Fitness-for-duty medical examination also may be required of an employee who has been on medical leave due to an on-the-job injury and now seeks to return to his or her old job duties. Importantly, however, the employer must have a reasonable belief that the employee's present ability to perform the essential job functions will be impaired by the employee's medical condition or that the employee will pose to a direct threat due to that medical condition. Moreover, the fitness for duty examination must be limited in scope to that which is needed to make an assessment to the employee's present ability to work. The EEOC has cautioned that an employer may not use the fact that an employee has taken a medical leave as a justification ''for making far ranging disability related inquiries or requiring an unrelated medical examination.'' 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572
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