Ability to Handle Stress is Essential Function of Almost Every Job

Ability to Handle Stress is Essential Function of Almost Every Job

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 the essential job functions of his position.  (Business necessity may not be shown where the employee’s medical condition only affects…

8 Questions Employers Should Ask Before Employee Fitness for Duty Evaluation

8 Questions Employers Should Ask Before Employee Fitness for Duty Evaluation

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 psychiatrist? Physiatrist or podiatrist? Retaining a doctor in the right specialty is critical to obtaining a useful fitness for duty…

Congratulations Dr. Steve Hwang!

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 to us all and we are happy to have you as part of our CME Family!

CME’s Ten Flagship Locations

CME’s Ten Flagship Locations

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 physicians, staffed with a Medical Assistant, fully equipped for both medical and mental health evaluations, and are conveniently located with easy…

Employer May Require a Re-Evaluation Under the ADA after Employee’s Return from FMLA Leave

Employer May Require a Re-Evaluation Under the ADA after Employee’s Return from FMLA Leave

  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 to work.  However, once the employee returns to employment, an employer may seek a ‘reevaluation’ under the Americans with Disabilities…

Kao v. University of San Francisco: Pre-Evaluation Investigation Procedure

Kao v. University of San Francisco: Pre-Evaluation Investigation Procedure

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) an employee will pose a direct threat due to a medical condition.   What exactly constitutes sufficient objective evidence depends on…

In the News: Northwestern University Professor Permitted to Return to Campus After Fitness for Duty

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 prohibited her from contact with students pending her completion of a fitness for duty evaluation with a University-chosen psychiatrist. Their decision…

When can an employer make a disability – related inquiry or require a fitness for duty evaluation?

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. At the 1st stage (prior to a job offer), the ADA prohibits all disability-related inquiries and medical examinations, even if they...

General Counsel Ashleigh Bhole to Speak at DMEC Southern California Chapter Meeting

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 Consulting, Inc. For more information, please click here.

Employee Considerations: Sample Fitness for Duty Policy

Employee Considerations: Sample Fitness for Duty Policy

Click here for PDF 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) in which employees are required to have particularly heightened alertness. Sample Fitness for Duty Policy The…