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How to other HR professionals address an issue where there are concerns about an employee's ability to perform the essential functions of their position after an illness, injury, or a hospital stay?
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Medical Release

posted at 1/26/2010 8:01 AM EST
Posts: 25
First: 8/17/2005
Last: 5/9/2011
How to other HR professionals address an issue where there are concerns about an employee's ability to perform the essential functions of their position after an illness, injury, or a hospital stay?
(Specifically relating to non-FMLA, non-ADA qualifying situations)

Have you sent the employee back to obtain a release from their doctor?

Thank you!

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Medical Release

posted at 1/26/2010 8:44 AM EST
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
Yes I have and this is perfectly legal to do. When asking for information don't focus on the employee's condition, instead, focus on whether the employee is able to do certain things.
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Medical Release

posted at 1/28/2010 10:31 AM EST
Posts: 43
First: 10/14/2000
Last: 8/18/2011
But don't forget to consider reasonable accommodations!
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Medical Release

posted at 1/28/2010 11:17 AM EST
Posts: 562
First: 11/12/2009
Last: 9/14/2011
It's a non-ADA situation
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Medical Release

posted at 1/29/2010 10:46 AM EST
Posts: 464
First: 6/30/2004
Last: 11/22/2010
As a part of our FMLA approval process, we let the employee know that a Return to Work release from the medical provider is required for them to as a condition to coming back.

Then about 15 days before the scheduled return, we send them a certified letter letting them know that we are expected them on the date specific and that they must provide a RTW. Also ask them to notify us if they already know of any return date issues or if there are any work restrictions.
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Medical Release

posted at 2/4/2010 5:44 AM EST
Posts: 25
First: 8/17/2005
Last: 5/9/2011
Please note as mentioned above, this questions pertains to a non-FMLA, non-ADA situation.

Thank you!
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Medical Release

posted at 2/4/2010 6:04 AM EST
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
So did my response.
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Medical Release

posted at 2/4/2010 6:06 AM EST
Posts: 562
First: 11/12/2009
Last: 9/14/2011
To answer your question, yes I've done this in the past. Don't want to be on the liability hook knowing that there might be a potential problem and not taking appropriate measures to prevent a workplace injury. You may want to retain a local occupational health doctor to send employees to in cases such as this.
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Medical Release

posted at 2/7/2010 3:08 AM EST
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
The other issue you have to be careful about is that once you establish a policy of obtaining proof of ability to perform the essential duties after an illness, injur, etc you must make sure that you make these requests uniformly.

For example you do not want to request them only after a maternity leave or only for someone that is having performance problems before they go out.
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