FMLA and IME’s
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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 14 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.
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