My spouse had a stroke and I had to use a little over 30 days of fmla. My supervisor is now telling me I need a Dr's excuse from his Dr stating I am able to return back to work. Is this really necessary? I've been back to work for almost a month and they

do I need a Dr's excuse stating from my spouses dr to return back to work?

1 answer  |  asked Mar 3, 2015 12:43 AM [EST]  |  applies to Wisconsin

Answers (1)

Neil Klingshirn
This does not sound right at all.

Google 29 C.F.R. § 825.300(d)(6). This Department of Labor regulation addresses an employer's right to require a fitness for duty certification upon return to work. Note that subsection (d) does not allow a fitness for duty examination unless the employer previously gave the employee a "Designation" notice that states a fitness for duty examination will be required. Did you receive that notice?

Second, a fitness for duty examination is not required for FMLA leave taken for a family member's serious health condition. It makes no sense to require the employee who is caring for a family member to take a fitness for duty exam.

Consult with an employment lawyer if you can. If that is not possible, and your supervisor insists on an exam, contact the Department of Labor. It has the authority to investigate and enforce FMLA matters.

posted by Neil Klingshirn  |  Mar 3, 2015 07:40 AM [EST]

Answer This Question

Sign In to Answer this Question

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500