California  |  Employment Law

Legal Question

Asked on: 12/31/12, 8:39 am

my husband works in California, has been on FMLA and has been released to go back to work from his surgeon does the company have a right to make him go through extensive exam from company doctor

2 Answers


Answered on: 12/31/12, 10:34 am by Arkady Itkin

Hello,

Generally, yes. The examination mandated by the employer cannot be too invasive, but depending on your husband's job duties, the employer has the right to medically confirm that your husband is healthy enough to return to a worksite. This should be at company's expense, and again - it cannot be too invasive. It cannot involve x-rays and other invasive diagnostics.

The examination should be to your husband's benefit and there is no reason to fight this.

Thanks,

Arkady Itkin


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The Law Office of Arkady Itkin 100 Pine Street, Suite 1250 San Francisco, CA 94111

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Answered on: 12/31/12, 5:27 pm by Terry A. Nelson

does the company have a right to make him go through extensive exam ?

Yes, and they also have no obligation under the law to take him back if he has been out for more than four months. Try to work this out without causing him problems at work.


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Nelson & Lawless 18685 Main St., #175 Huntington Beach, CA 92648

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