On April 15, 2014, the California Court of Appeal in Susan White v. County of Los Angeles addressed the important issue of whether an employer may require an employee to undergo a fitness for duty exam after returning from FMLA leave of absence, if unsatisfied with the medical certification of the employee’s health care provider. In a victory for employers, the court held “yes”. After an employee has been reinstated, an employer may seek and rely on a reevaluation by its own health care professional as to whether the returning employee is able to resume work.
To read the full court opinion, click here: Susan White v. County of Los Angeles
