Question:
I have a question about an employee who is on FMLA. The paperwork from the Dr states he will be off work for 4 months and may need therapy. He underwent emergency surgery for a fracture and is supposed to be using a sling and taking pain medication. Last week, we received a note from the doctor clearing him up to return to work on light duty. He is approved to operate heavy equipment with hand controls but not lift or climb with the left arm. Since he’s been released and doesn’t have any additional appointments or therapy listed in his FMLA paperwork, is he still protected and or under his current FMLA situation? Should we request either a recertification or a 2nd opinion?
Answer:
If he has not used all of his FMLA for the year and needs time off to go to doctor appointments or physical therapy, FMLA is still in play. You can request a recert to get the complete picture and clarify any questions about his essential functions. Also, a recert tells you how long he is expected to need accommodations under the ADA.
The employer must pay for a second opinion. So, that route is usually less appealing in this sort of situation.
I hope this helps.
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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