Legal Question in Employment Law in California

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

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

2 Answers from Attorneys

Arkady Itkin Law Office of 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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Answered on 12/31/12, 10:34 am
Terry A. Nelson Nelson & Lawless

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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Answered on 12/31/12, 5:27 pm


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