An employee’s return to work following an extended FMLA leave for a serious health condition of the employee often creates concerns on the part of the employer. In these situations, employers frequently question whether the employee is really able to perform the essential functions of the job and whether returning the employee to work may
fitness for duty exam
EEOC Letter Finds GINA and ADA Issues in Fit-for-Duty Medical Examination Form
A local government entity’s request for employee family medical history as part of an annual fitness-for-duty medical exam “clearly violates Title II of GINA,” according to an informal discussion letter from the EEOC Office of Legal Counsel (OLC). The government entity is not identified in the letter.
The question on the medical history form was…