Fitness-For-Duty-Specific Injury or Illness Sample Clauses

Fitness-For-Duty-Specific Injury or Illness. Pursuant to the Family and Medical Leave Act FMLA regulations allow employers to enforce uniformly-applied policies or practices that require all similarly-situated employees who take leave for the employee’s own serious health condition (both FMLA and non-FMLA qualifying absences) to provide a fitness-for-duty certification from the employee’s health care provider that the employee is able to resume work. The employee has the same obligations to participate and cooperate in the fitness-for-duty certification process as the initial certification process. The City may seek a fitness-for-duty certification only with regard to the particular health condition that caused the employee’s need for FMLA leave. The City may require the certification to specifically address the employee’s ability to perform the essential functions of the employee’s job. To require this certification, the City must provide the employee with a list of the essential functions of the employee’s job no later than with the designation notice and must indicate in the designation notice that the fitness-for-duty certification must address the employee’s ability to perform those essential functions. The City may contact the employee’s health care provider for the purpose of clarifying and authenticating the fitness-for duty certification, but must follow the procedures for clarifying or authenticating the initial medical certification. The employee’s health care provider has the sole discretion for determining a fitness- for-duty certification for the FMLA illness or injury. The City may delay restoration to employment until the employee submits a required fitness-for-duty certification so long as the City provided the notice required.