Tag: Return to Work

Question: Are there limitations for reinstatement when an employee is on leave under Pregnancy Disability Leave (PDL) and the company has changed shift schedules for all employees? Answer: Under Pregnancy Disability Leave (PDL), a woman who takes a pregnancy disability leave and returns within the four-month period is guaranteed the right to return to her…

Question: Is the “fitness for duty” medical certification a generic form or does the employer create it to designate their ability to return to work after a medically related absence? Answer: An employer may seek a fitness-for-duty certification only with regard to the particular health condition that caused the employee’s need for leave. The certification…

Question: When an employee is out for medical purposes or restrictions, can we refuse to allow the employee to return to work until we receive a doctor’s note saying she is able to return? Answer: Yes, as a condition of restoring an employee whose leave was caused by the employee’s own serious health condition that…

Question: When an employee is on leave, what should an employer do when the employee’s medical certification expires, and the employer has not received an intent to return to work? Answer: When an employee’s medical certification indicates an employee will return on a specific date and you have not received a status update, it is…