There’s no interference with FMLA rights when an employee returning from FMLA leave is required to submit to a fitness-for-duty examination, as long as the requirements for such an examination under the Americans With Disabilities Act are met, according to an appeals court in California.
In this case a senior district attorney investigator returned to her job with the County of Los Angeles following FMLA leave for treatment of depression. Four months after her return, the county’s district attorney’s office ordered her to undergo a second fitness-for-duty examination.
The investigator sought an injunction from the court barring the county attorney from requiring her to undergo the re-exam or face discipline, arguing that the order violated her rights under the FMLA to be restored to her job.
But the appeals court wasn’t buying that argument. Because the investigator carries a weapon, the county can force her to submit to a re-exam to evaluate her mental health without showing that her job performance suffered, it said.
Consistent with the ADA, the county has to pay for the re-examination and it must be job related and consistent with business necessity, the court held.
The case is White v. County of Los Angeles. Information on the case and link to the opinion is here.
This blog post was highlighted in Jon Hyman’s April 24 weekly round up of employment law blogs.
Joe's HR and Benefits Blog 