Can my employer ask for all medical records from all my doctors since my accident

I am a City Firefighter involved in a MVA while on vacation that was not my fault but resulted in several traumatic injuries that required me to be off work for 6 months. My employer put me on FMLA immediately but only listed a "Fit for duty certification" as a requirement to return to work. No requirement more then that has ever been requested for returning from sick leave and I provided the fit for duty cert from my physician as required and they are denying me to return to work and asking me to submit all my Dr's records to include all treatment notes to the Occupational Health Dr so they can review and schedule me for tests, they have already said they want a physical & stress test (my heart or lungs were not injured in the accident) There is nothing requiring this in any handbook or CBA and has never been done before to any other employee. (I am 47 yrs old & 4 yrs from retirement)

1 answer  |  asked Jan 26, 2014 6:59 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
As a general rule, the only medical examination that your employer can obtain upon your return from a medical leave is a fit for duty certification, and then only if the employer notified you at the time you began leave that one would be required.

The Americans with Disabilities Act specifically prohibits medical examinations, unless required by business necessity, or unless you are asking for a reasonable accommodation and your employer has a legitimate question about the limitations caused by a disability that it needs to accommodate.

If you want to avoid submitting your medical records, you should probably consult with an employment attorney. Your employer may not understand the limits on its rights to get medical information, and it could see your refusal to provide that information as insubordination. Your union might be able to help, but there is no guarantee that it knows the laws on medical records.

posted by Neil Klingshirn  |  Jan 27, 2014 07:08 AM [EST]

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