FMLA and IME’s

Get Legal Help Today

 Secured with SHA-256 Encryption

FMLA and IME’s

Can an employer request an IME on a person on continuous FML leave when they are close to exhaustion?

Asked on May 20, 2009 under Employment Labor Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

My understanding is where an employee's FMLA is unclear about his or her health condition and/or his or her ability to return to work, then an employer has a right to ask for an independent medical examination (IME).  Understand, it has to be an independent medical examiner, not one the employer uses.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption