(Non Work Comp, Non FMLA)
In general, a medical examination is not necessary when employees
return-to-work following a non-FMLA absence for a non work-related
condition. In the vast majority of cases, supervisors can rely on
their observations and professional judgement to determine whether
the employee can safely resume work. In the rare instance when a supervisor
has objective reasons to question this, the supervisor may require
the employee to immediately leave work to obtain a medical clearance
from their personal health care provider.
However, there are two specific situations when a Return-to-Work
Evaluation by an Occupational Health Programs' (OHP) contractor is
A) On the day of the employee's return to duty, the supervisor observes
that the employee is having difficulty safely performing their duties,
and the employee has presented a note from their personal health care
provider which does not address the problems of concern.
B) On the day of the employee's return to duty, the supervisor learns
from a reliable source that the employee had a sudden loss of consciousness
during his/her absence, and the employee performs safety-sensitive
duties such as driving or operating hazardous machinery.
If either of these situations occur on the day of the employee's
return, the supervisor should immediately send the employee to one
of the contractors listed in the Table of Employee Medical Contractors
for a Return-to-Work Evaluation. The supervisor must fax or email
to the contractor the following before the employee arrives:
-- An Employee Examination Work Order,
-- A short memo informing the contractor of the supervisor's concerns,
-- A copy of the note from the employee's personal health care provider.
If the concerns described above in (A) or (B) occur on days subsequent
to the employee's return-to-duty date, a Medical Reevaluation should
be requested through the OHP.
FMLA Note: In the case of an absence which is covered by FMLA, the
employer must give notice to the employee that a return-to-work certification
will be required when the employer first places the employee on FMLA
leave. Thereafter, the subsequent return-to-work certification is
completed by the employee's physician, and must be accepted by the
employer with very few exceptions. Therefore, OHP contractors should
not be used for FMLA-related return-to-work clearance.