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Certification and Fitness for Duty

Release Date: January 22, 2009

The requirements and time frames for certifications and fitness for duty statements have been revised and clarified.  If an employer desires a medical certification, it must request the certification from the employee within 5 days of either notice of the need for leave or the commencement of leave (this was increased from 2 days). Thereafter the employee must return the certification form within 15 days. If the employer finds the certification to be deficient, it must inform the employee, in writing, of any deficiency in the certification and allow 7 days to cure. Exceptions will be allowed if the employer and employee are making a good faith attempt to comply but are unable to do so within these time periods.

The regulations clarify that an employer may accept a simple statement of the employee’s ability to return to work, but if the employer requires a detailed fitness for duty certification, the employee must be given notice of such requirement at the time when the employee is provided with the initial notice of rights.

The Department of Labor has also issued revised forms for medical certifications.