Full duty medical release policies are common, but they can lead to legal issues for employers if not carefully implemented. Under the Americans with Disabilities Act (ADA), employers are required to reasonably accommodate employees with disabilities, including considering modifications to job duties or leave policies. A Florida employer recently learned this when they required employees returning from medical leave to submit a full duty medical release before being allowed to return to work. This blanket policy was challenged by the Equal Employment Opportunity Commission (EEOC), which sued the employer for violating the ADA.
The ADA mandates that employers must assess whether a reasonable accommodation can be made for an employee with a disability, including those returning from medical leave. The EEOC referenced the long-standing principle under the ADA that requiring a full duty release without considering possible accommodations could constitute discrimination. The ruling in EEOC v. Elon Property Management highlights that employers cannot assume that all employees returning from medical leave can perform their full duties without modifications. Employers must ensure that they are individually evaluating each employee's situation, exploring all reasonable accommodations before making decisions about whether they can return to work.
What Employers Must Do:
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