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Before an Employee Returns to Work: Optional Fitness-for-Duty Certification

As a condition of restoring an employee who took FMLA leave due to the employee's own serious health condition, an employer may have a uniformly-applied policy requiring all similarly-situated employees (i.e., same occupation, same serious health condition) to obtain and present certification that the employee is able to resume work.  The fitness-for-duty certification should come from the employee's health care provider.


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