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FMLA violation?

Discussion in 'Medical Leave & Disability' started by snowyshadow, Dec 6, 2012.

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  1. snowyshadow

    snowyshadow Law Topic Starter New Member

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    I am trying to return to work after 6 weeks on fmla and my employer will not return me to work until I pass an IPCS physical is this legal I thought I just need a return to work from my own doctor. I have failed the test the first time and do get a 2nd chance to take it but they have placed me on personal leave until I retake this test if I fail I will be terminated any advice?
     
  2. cbg

    cbg Super Moderator

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    Is an IPSC physical normally required by your job?
     
  3. snowyshadow

    snowyshadow Law Topic Starter New Member

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    no it is not, it is used for new hires and for people returning from leaves.
     
  4. cbg

    cbg Super Moderator

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    And you're returning from a leave, right? So why do you think this is a violation?
     
  5. snowyshadow

    snowyshadow Law Topic Starter New Member

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    But I thought fmla saved your job while you are out, not that you have pass there psychical by there doctors to get your job back.
     
  6. cbg

    cbg Super Moderator

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    Let's take this one step at a time. You haven't lost your job yet, and the FMLA statute DOES allow an employer to require a fitness-for-duty certification.

    Do you believe that you would pass, or fail, the IPSC physical?
     
  7. snowyshadow

    snowyshadow Law Topic Starter New Member

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    I have read the law and the a fitness for duty is to be from the employees doctor not the employers that's my problem I have one from my doctor that say I can do my job but they say I have to pass this IPCS physical test that I did fail once already.
     
  8. cbg

    cbg Super Moderator

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    Here's the thing.

    Technically, you are right that they have to accept the one from your doctor and not require another one. However, a different, but related law (the ADA), gives them the right to require you to take a medical examination after you return to work. So even if you were able to force them to accept your doctor's certification to return to work (and you legally could do that), they could still, legally, require you to take the other physical after you return to work.

    Let's go at this another way before we decide on a course of action for you. Why do you think they want you to take the IPCS physical? No prompting from the gallery, please. :)
     
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  9. snowyshadow

    snowyshadow Law Topic Starter New Member

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    This test is required for anyone who misses more then 29 days of work, I had abdominal surgery. I just thought that the fmla law would possibly save my job before I get terminated can you tell me more about this ADA law so maybe I can read about it. I still feel this is wrong you should not have to worry about not having a job after surgery or any other medical leave.
     
  10. disagreeable

    disagreeable Well-Known Member

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    ROFL I have shot the 90 day FMLA period. I wouldn't have a chance in hades of passing my return physical. That said, yes they can require it.
     
  11. guestpost

    guestpost New Member

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