my employer wants me to fill out a questionnare about my mental health after having been out on disablity for 7 weeks is that legal
Hello,What were you off of work for? Is this form a fitness for duty form that your doctor has to sign? What State do you work in and are you in a union?Marsha411JD41043.9459465625
bipolarism mental health fitness form as I know I'm first and only one that has to do it
no to union VA
Hello again,You still didn't answer all of my questions. Can you answer me in complete sentences so I understand what you are responding to? Why were you off from work? Is this a fitness for duty form to be signed by your doctor?
I was off do to illness of meds do to bipolarism
Yes off to work short term disability 7 weeks
I live in Virginia
Yes it is a fitness form sign by a doctor
Hello again,Thank you for the information. Yes, your employer can have your doctor complete a fitness for duty exam and paperwork. There is nothing that prohibits an employer from doing so. An employer always has the right, when an employee has been off of work due to a medical issue that could effect the workplace, to ask for the fitness for duty exam. In fact, they can, at their own expense, have you go to their doctor, if they want a second opinion. If you feel that you are the only one being asked to do this and you think it is because of you particular condition, you can always file a discrimination complaint with the EEOC. However, if the employer has a legitimate non-discriminatory reason for asking for the fitness for duty, then there isn't likely to be a finding of discrimination.
Licensed Attorney with 27 yrs. exp in Employment Law
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