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A 100%-healed policy may 100% violate the Americans with Disabilities Act and the Family and Medical Leave Act

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Last week, we discussed an FMLA policy that your business needs to rip from its employee handbook and burn with fire. This week, we revisit an Americans Disabilities Act policy that should end up on the paper shredder: the 100% healed policy.

If your business has a policy that requires employees on a medical leave of absence — FMLA, for example — to have a healthcare provider certify that they are restriction-free or 100% healed as a condition of returning to work, your business risks an ADA violation if the employee can perform their job with or without reasonable

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See also  What happens when a company terminates someone for FMLA fraud when they weren’t actually misusing it?
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