If my husband was just given a “fit for duty” certification after being on FMLA, canhis employer order him to be examined by their physician?

They are not allowing him to return to work until this is done. He was injured on the job and the chief initially wanted to fire him because he had no accrued leave. We had to inform him of our FMLA rights. They have been trying to find some way to fire me ever since my wife filed sexual harassment charges on him.

Asked on November 30, 2011 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should consult with an employment attorney about this case. An employer is specifically forbidden from retaliating against an employee for (1) sexual harassment claims or complaints; or (2) using Family and Medical Leave Act leave. From what you write, it is  possible that you are being retaliated against for one or even both reasons, and therefore might have a cause of action against your employer. It would be worth your time to consult in detail with an attorney. Good luck.

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