Md. Code Regs. 11.02.13.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.02.13.07 - Fitness for Duty

A. An administration may require fitness for duty certification for employees who return to work from FMLA leave only if the administration has a uniformly applied policy or procedure that requires employees in the same occupation and with the same serious health condition who take FMLA leave for this condition to obtain and present certification from the employee's health care provider that the employee is able to resume work.

B. A fitness for duty certification is only in regard to the particular health condition that caused the employee's need for FMLA leave.

C. A fitness for duty medical evaluation shall be job related.

D. The department may not require a second or third opinion for a fitness for duty certification.

E. The Department shall notify an employee applying for FMLA leave that a fitness for duty certification is required before the employee returns to work.

Md. Code Regs. 11.02.13.07

Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)