Employers conduct fitness-for-duty exams to determine if their employees are physically capable of performing their job duties safely and effectively. These exams are commonly used in the following scenarios: return-to-work evaluations and post-offer/pre-placement examinations

While having a physical evaluation of an employee can be helpful to assess an employee’s ability to perform essential job functions, it is also important to conduct these examinations in a way that respects employee rights and complies with the applicable federal or state law, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

When should employers request a fitness-for-duty evaluation? Let’s explore more about what this type of fitness-for-duty exam is, when it’s appropriate, and how to conduct one in a way that benefits both employers and employees. 

What is a Fitness-for-Duty Evaluation?

A fitness-for-duty evaluation is a medical examination used to determine an individual’s ability to perform their job safely and effectively. These evaluations are beneficial for employers and employees. They help determine if an employee can work safely without creating a risk to themselves or their coworkers, as well as determine necessary accommodations.

The evaluations may include, but are not limited to: 

  • Physical examinations of new employees following a job offer. 
  • Evaluations when an employee is struggling to perform job duties, possibly due to a medical condition or injury.
  • Return-to-work evaluations when an employee is coming back to work after an absence related to an injury or health condition. 
  • A fitness-for-duty certification confirming an employee’s medical provider when they are returning from FMLA leave. 

It’s vital that employers are aware of when they can and cannot perform fitness-for-duty exams in these situations in order to respect their employees, prevent workplace discrimination, and properly adhere to federal and state guidelines. 

Can Employers Legally Require a Fitness-for-Duty Exam?

Fitness-for-duty exams are legal, but federal law lays out several guidelines on when and how they should be conducted. While Medix is qualified to provide fitness-for-duty exams to employees, we don’t offer legal advice, and specific decisions are best left between a business and their legal counsel. However, there are some general conditions that apply.

A good framework for keeping fitness-for-duty exams narrowly tailored is focusing on three factors involved in a safe return to work: an employee’s risk, tolerance, and capacity, according to the American College of Occupational and Environmental Medicine

If an employer is concerned about an employee’s performance, the Society for Human Resource Management emphasizes the need for “objective evidence” that an employee’s role might be affected, not “assumptions or stereotypes.” For example, employers should rely on a proven reduction in job performance or an observation that a medical issue is getting in the way, versus simply suspicion or conjecture.

When Is a Fitness-for-Duty Exam Appropriate?

There are several scenarios where a return-to-work evaluation can help both employers and employees. They include:

Following a Job Offer

Employers are typically prohibited from mandating fitness-for-duty examinations before offering a job to an employee. However, once a job offer has been made, it is acceptable to request a post-offer examination. Additionally, an employer may require an examination if an employee is promoted or transferred to a role with different requirements, if consistent with an employer’s policies. Either way, it is important to apply the examination guidelines uniformly to all individuals who receive a job offer. 

Work-Related Injuries or Illnesses

A common reason for a fitness-for-duty exam is to evaluate an employee coming back to work following an injury or illness, if there are concerns about the treating physician’s restrictions. This will help determine if the employee is ready and able to resume their job responsibilities without posing a risk to themselves or others. 

Following Extended Leave

After employees are away from work under FMLA benefits, the employer may require a fitness-for-duty exam under certain conditions when they return to work, but the guidance for such examinations is very specific and should be consistent with applicable federal and state law. For further general information regarding FMLA you can read the Department of Labor’s FMLA guidance.

Performance Concerns Potentially Linked to Health

If an employee exhibits signs of a health condition that is impacting their job performance, conducting a fitness-for-duty examination can assist employers in developing a suitable plan of action to determine if the employee needs accommodation so they can work safely without risk to themselves or other workers.

Who Pays for a Fitness-for-Duty Evaluation?

Typically, the employer covers the cost of the examination, as it is considered a necessary expense for the employer to ensure the well-being of their workforce and the overall productivity of the organization. It’s always best to consult with legal counsel for the latest information.

Schedule a Fitness-for-Duty Evaluation With the Professionals at Medix

At Medix, our team of occupational health service providers has more than 50 years of experience. We specialize in conducting return-to-work evaluations and post-offer/pre-placement exams. Our objective and competent evaluations adhere to established guidelines and prioritize the confidentiality of employee medical information. 

Contact us today to learn more and schedule your services.