Employer May Impose Administrative Hurdles for Returning to Work After FMLA Leave

A federal judge in Philadelphia has ruled that an employer may require a worker to undergo an independent medical exam before returning to work from an extended leave if a union contract allows it and there is no clear medical certification supporting the worker's return. A union's collective-bargaining agreement can supersede FMLA procedures in these circumstances, ruled U.S. District Judge Ronald L. Buckwalter.


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