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Archive for the ‘Fitness for Duty Evaluations’ Category

Fitness for Duty Evaluations, Independent Medical Examinations

Expanded Los Angeles IME Services Available

  Over the past few months, we have expanded our IME capabilities in the greater Los Angeles area. As of August 2017, we now have more than 100 Physicians available at 27 locations in the greater Los Angeles area to perform Independent Medical Evaluations (IMEs) or Fitness for Duty Evaluations (FFDE). We have gathered feedback […]

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Fitness for Duty Evaluations, Labor & Employment

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 […]

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Fitness for Duty Evaluations

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 […]

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Fitness for Duty Evaluations, Med-Legal General

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

[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. […]

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Fitness for Duty Evaluations, Labor & Employment

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, […]

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United States District Court

Fitness for Duty Evaluations

Northern District of California Says Jury to Decide Whether Psychological Exam Was Lawful

Click here for PDF A jury will decide whether a university’s decision to require a tenured professor to undergo a psychological fitness for duty evaluation was consistent with business necessity and job related according to an August 11, 2016 order out of the Northern District of California. Ellis v. San Francisco State University, Case No. […]

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Question

Fitness for Duty Evaluations

Employers Be Cautious When Drafting Your FFDE Cover Letters – Inquiries Must Be Narrowly Tailored

Click here for PDF It cannot be overstated that preparing a narrowly tailored FFDE cover letter to the evaluating physician (or, similarly, a medical questionnaire to the employee) is crucial to reducing employer liability. In Scott v. Napolitano, a discharged employee brought an action against his former employer, the Federal Protective Service (“FPS”) of Los […]

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Fitness for Duty Evaluations

Workplaces Warranting Lower Evidentiary Threshold for Finding an Employee to be a "Direct Threat"

Click here for PDF As discussed extensively in the previous blog entry, an employer may not order a fitness for duty evaluation unless the inquiry into the employee’s potential medical or psychological condition is “job-related” and “consistent with business necessity.” A medical or psychological examination is “job-related and “consistent with business necessity” when an employer has […]

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Fitness for Duty Evaluations

Avoiding ADA & FEHA Violations: Deciphering the Meaning of "Job-Related and Consistent with Business Necessity" in the Context of Fitness for Duty Evaluations

Click here for PDF Under the American with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), an employer may require a medical exam or make a disability-related inquiry of an employee as long as the inquiry or exam is “job-related and consistent with business necessity.” The Equal Employment Opportunity Commission (EEOC) […]

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Fitness for Duty Evaluations

Employee Fitness for Duty Evaluations – Law & Government 101

Click here for PDF There are a number of laws (state and federal) that govern employee Fitness for Duty Evaluations. There is no doubt that the application of the laws and the roles of the agencies that enforce those laws can at times be confusing. The following short summary clarifies the primary laws and agencies […]

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