Article 662 of 8645 articles posted under "Attendance Policy"


Name: Long rail 
Employed as: Conductor, for 20-30 years
Posted: 07 April 2018

How Does a Fitness-For-Duty Certification Work in Practice?

CSX system notice does not apply to Fmla.  It would be in direct
violation of Fmla.    Can only be requested if it's a reasonable
safety concern and even then it can only be requested ever 30 days in
conjunction with a layoff. 

When an employer uses a fitness-for-duty certification as part of the
FMLA process, it is
 the responsibility of the employee to complete the certification
before being able to return to work after FMLA leave. In practice, that
means that as long as the employer has followed the regulations, the
employer has the right to deny the employee the ability to return to
work until the fitness-for-duty certification has been completed and
submitted. If an employee refuses to do so and does not request
additional FMLA leave, he or she may lose the right to job
reinstatement. (However, note that an employer cannot delay
reinstatement while awaiting clarification or authentication from the
healthcare provider.)

There are several other considerations as well:

Much like the original medical certification, the employer may only
contact the healthcare provider for clarification or authentication of
the information—NOT to obtain additional information.
Unlike the original medical certification, no second or third opinions
can be requested for fitness-for-duty certifications.
Fitness-for-duty certifications are allowed for intermittent FMLA leave
only if there are reasonable safety concerns related to the employee’s
return from each absence. Even in such cases, this certification can be
required only once every 30 days.

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