Business NECESSITY An employer may only require a fitness for duty evaluation if is job related and consistent with business necessity. Business necessity may be shown by demonstrating that either: (1) the employee poses a direct threat to himself or others, or (2) the employee has a medical condition that affects his ability to perform …
Ability to Handle Stress is Essential Function of Almost Every Job Read More »
Employee fitness for duty evaluations are permitted under the ADA and California state law. Nevertheless, it’s important for employers to take the proper steps in scheduling a fitness for duty evaluation to ensure compliance with the laws. What medical specialty is required for the employee evaluation? Do you need a neurologist or a neurosurgeon? Psychologist or …
8 Questions Employers Should Ask Before Employee Fitness for Duty Evaluation Read More »
California Medical Evaluations would like to congratulate one of our excellent doctors, Dr. Steve Hwang, on his amazing accomplishments: Long Beach Marathon (October 9, 2016) LA Rock”n”Roll Half Marathon (October 30, 2016) Revel Canyon City Marathon (November 12, 2016) Bronze medalist in 2016 IJF World Judo Championship (Ft. Lauderdale FL) Dr. Hwang – you are an inspiration …
We are proud to announce the completion of our 10 flagship CME offices for 2016 INTRODUCING: Baldwin Park Fontana Garden Grove Moreno Valley Oxnard Palmdale Sacramento San Bernardino Van Nuys South LA These locations were thoughtfully selected and we anticipate a large volume of QME cases in all these areas. Our flagship offices were built exclusively for CME …
Click here for PDF When an employee takes leave under the Family and Medical Leave Act (FMLA), the employee is entitled to reinstatement upon certification by the employee’s health care provider that the employee is fit to return to work. An employer is not permitted to require a second opinion before reinstating the employee …
An employee medical or psychological evaluation must be job-related and consistent with business necessity under the ADA and FEHA. Employers may meet the business necessity requirement when it has a reasonable belief based on objective evidence that (1) an employee’s ability to perform essential job functions will be impaired by a medical condition; or (2) …
Kao v. University of San Francisco: Pre-Evaluation Investigation Procedure Read More »
According to an article from The Daily Northwestern, the University has dropped a campus ban on a political science professor allowing her to come back and teach her class after undergoing a required psychological fitness for duty evaluation. At the end of July, the University put Ms. Jacqueline Stevens, a tenured professor, on immediate leave and …
[vc_row][vc_column][vc_column_text] Click here for PDF Under the ADA, an employer’s ability to make disability-related inquiries or require medical or psychological examinations (aka “fitness for duty evaluations”) is analyzed in three different stages: Job Applicant: Pre-Job Offer Job Applicant: Post-Job Offer Current Employee The rules pertaining to such inquiries and examinations vary depending on the stage. …
California Medical Evaluators’ General Counsel, Ashleigh Bhole will be speaking at the Disability Management Employer Coalition’s Southern California (Long Beach) Chapter Meeting on October 5, 2016. She will discuss FEHA/ADA compliance with respect to medical and psychological fitness for duty evaluations. Ashleigh will be joined by Rachel Shaw, Principal Consultant & President of SHAW HR …
General Counsel Ashleigh Bhole to Speak at DMEC Southern California Chapter Meeting Read More »
Although employers are not required by law to maintain fitness for duty (“FFD”) policies, having one in place as part of an employee handbook can help employers keep a healthy workforce, set workplace standards, and manage employee expectations. FFD policies can be particularly important in certain work environments (such as hospitals, schools or transportation companies) …
Employee Considerations: Sample Fitness for Duty Policy Read More »
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