Did FMLA Require Trucker to Turn in Medical Records to Get Back Behind the Wheel?

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Lima, OH (WorkersCompensation.com) -- Employers are entitled to require a fitness-for-duty certification from a doctor before reinstating an employee who is on FMLA leave. But can they go beyond that by demanding additional medical data from the worker?

A case involving a truck driver with fatigue, dizziness, nausea, and headache stemming from hypothyroidism addresses that question. Her symptoms affected her vision and ability to safely drive a truck. Her employer granted her medical leave.

When she was ready to return to work, she provided multiple medical certifications from her doctor stating that she was safe to return. The certifications also stated that her condition was chronic and necessitated a rebalancing of medication. 

The trucking company, following an internal company policy, requested additional medical information, such as discharge notes, as a condition of reinstating her. The trucker said that information was inseparable from her entire medical file, and therefore declined to provide it. As a result, she remained on unpaid leave for two weeks.

She sued the company for FMLA interference.

The court explained that the FMLA requires employers to restore employees returning from leave to their former positions or equivalent positions unless they are unable to perform the position's essential functions. 

As a condition of restoration, however,  the FMLA permits employers to require an employee to provide certification from the health care provider of the employee that the employee is able to resume work," known as a "fitness-for-duty certification." 29 U.S.C. § 2614(a)(4).

Could the employer require more medical information before putting the trucker back to work?

A. No. She already provided fitness for duty certifications.

B. Yes. It was abiding by an internal company policy.

If you selected A, you agreed with the court in King v. No. 2:22-cv-2924 (S.D. Ohio 07/24/24), which held that the company’s decision to require more medical information before reinstating her collided with the trucker’s FMLA rights.

The court acknowledged that the employer had sufficient business justification to make further medical inquiries, given her doctor’s statement that the condition was permanent and its view that it could affect her job performance. However, it violated FMLA by going beyond the act to require that she provide medical records in addition to her fitness-for-duty certification.

“Although the FMLA does not grant a right to reinstatement to employees who are unable to perform the essential functions of their positions, 29 C.F.R. § 825.216(c), [the company] could have addressed its concern by reaching out to [her] medical provider, or sending her for an examination, or making further appropriate medical inquiries of her, but, in each instance, only after reinstating her. 

It was not allowed to delay her reinstatement simply because it was "second-guessing" her certification. The fact that the company had an internal policy requiring particular medical documentation did not justify its failure.

By not reinstating the trucker’s upon her provision of fitness-for-duty certifications, the company interfered with her FMLA rights, the court held.

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