{"id":357740,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/family-medical-leave\/return-to-work-under-the-fmla-fitness-for-duty-certification.html"},"modified":"2023-12-27T09:47:00","modified_gmt":"2023-12-27T14:47:00","slug":"return-to-work-under-the-fmla-fitness-for-duty-certification","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/family-medical-leave\/return-to-work-under-the-fmla-fitness-for-duty-certification.html","title":{"rendered":"Return to Work Under the FMLA: Fitness for Duty Certification"},"content":{"rendered":"\n
\n \n
\n

Return to Work Under the FMLA: Fitness for Duty Certification<\/h1>\n
\n
\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You may need to provide a fitness-for-duty certification after taking leave granted under the Family and Medical Leave Act<\/a> (FMLA). This certification requirement applies to those who took time off to attend to their health care issues.<\/p>\r\n

The FMLA allows a worker to take unpaid leave to care for the employee’s own serious health condition. The law also allows an employer to seek assurance that the employee is ready to safely handle all their job duties when they return to work. So, under both the FMLA and the Americans with Disabilities Act<\/a> (ADA), a return-to-work examination can be done as long as the medical examination is \u201cjob-related and consistent with business necessity."<\/p>\r\n

This article overviews return to work requirements after taking leave under the FMLA.<\/p>\r\n

Returning From Medical Leave<\/h2>\r\n

The FMLA guarantees job reinstatement for workers whose leave has ended. Your employer can have policies or standard procedures<\/a> requiring you to get a fitness-for-duty certification before you return to work if you take time off to treat your serious medical condition. Your employer must let you know if you need to provide medical certification to return to work. The notice must be adequate. Your employer can’t wait for you to show up for work and then inform you of the certification requirement.<\/p>\r\n

Certification Requirements<\/h2>\r\n

A fitness-for-duty certification is a statement from an employee’s healthcare provider. It confirms the employee is fit to return to work. The certification also verifies that the employee can perform the essential functions of their job<\/a>.<\/p>\r\n

Here are some of the key things to note:<\/p>\r\n