This article series examines similarities and differences between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) so that you can stay in compliance when both laws apply. Here, we compare what types of postoffer inquiries and examinations are permitted under each law.
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Under the FMLA, an employer may deny reinstatement until or unless a returning employee provides a fitness-for-duty medical certification (stating ability to return to work), if the employer requested this certification when it issued the designation notice and if the leave was taken for the employee’s own serious health condition.
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