When can an employer request a “fitness for duty” release from an employee returning from medical leave?
An employer may request a “fitness for duty” release when an employee returns from FMLA/CFRA, if the employer has a uniformly applied practice or policy and has given proper notice to the employee. The employer may not require a “fitness for duty” certificate from an employee returning from intermittent or reduced schedule leave.
When an employee returns from Pregnancy Disability Leave (PDL) the employer may require a written medical verification if it has a similar policy with regard to other temporarily disabled employees.