865 Return to Duty After Absence for Medical Reasons



ELM 865 Return to Duty After Absence for Medical Reasons

865.1 Certification Required: All Bargaining Unit Employees and Those Nonbargaining Unit Employees Returning From Non-FMLA Absences

Return-to-work clearance may be required for absences due to an illness, injury, outpatient medical procedure (surgical), or hospitalization when management has a reasonable belief, based upon reliable and objective information, that

a. The employee may not be able to perform the essential functions of his/her position, or

b. The employee may pose a direct threat to the health or safety of him/herself or others due to that medical condition.

In making this determination, management must consider the essential functions of the employee's job, the nature of the medical condition or procedure involved, guidance from the occupational health nurse administrator, occupational health nurse, and/or the Postal Service's physician regarding the condition or procedure involved, and any other reliable and objective information to make an individualized assessment whether there is a reason to require the return-to-work documentation.

In cases of occupational illness or injury, the employee will be returned to work upon certification from the treating physician, and the medical report will be reviewed by a medical officer or contract physician as soon as possible thereafter.

865.2 Intermittent or Reduced Schedule Leave Under FMLA

In the case of bargaining unit employees using intermittent or reduced schedule leave for a condition covered under the FMLA, the occupational health nurse administrator, occupational health nurse, and/or the Postal Service's physician shall decide under what circumstances employees must submit return-to-work documentation for subsequent absences for that condition. Only the Postal Service's physician can make the final authorization for requiring return-to-work clearance after subsequent absences.

865.3 Nonbargaining Unit Employees Returning After FMLA Absence

To return to work from an FMLA-covered absence because of their own incapacitation, nonbargaining unit employees must provide certification from their health care provider that they are able to perform the essential functions of their positions with or without limitations (see 410).

865.4 Documentation Required

All medical certifications must be detailed medical documentation and not simply a statement that an employee may return to work. There must be sufficient information to make a determination that the employee can perform the essential functions of his/her job, and do so without posing a hazard to self or others. In addition, the documentation must note whether there are any medical restrictions or limitations on the employee's ability to perform his/her job, and any symptoms that could create a job hazard for the employee or other employees. The occupational health nurse administrator, occupational health nurse, or the Postal Service's physician evaluates the medical report and, when required, assists placing employees in jobs where they can perform effectively and safely.

865.5 Assignments

Installation heads may temporarily assign any employee returning to duty to a modified work assignment during the employee's rehabilitation/recovery period consistent with operational needs and obligations under any applicable collective bargaining agreement or federal law.

865.6 Fitness for Duty Examinations

If, after review of the documentation required in 865.4, the Postal Service's physician questions whether an employee can perform the essential functions of his/her position, or whether he/she poses a direct threat to the health or safety of him/herself or others, the physician may require the employee to undergo a fitness-for-duty examination.

Frequently Asked Questions

1. Q: Are employees always required to submit return to work documentation?

A: No.

Bargaining unit employees: Management will decide, based upon the criteria in ELM 865.1, whether to require bargaining unit employees to submit return to work documentation after absences due to their own incapacitation, (whether FMLA protected or not. According to this ELM section, a manager can request such documentation when he or she has a reasonable belief, based upon reliable and objective information, that:

a. The employee may not be able to perform the essential

functions of his or her job.).

b. The employee may pose a direct threat to the health or

safety of him/herself or others due to that medical

condition.

Non-bargaining unit employees: ELM 865 also applies to non-bargaining unit employees returning from non-FMLA protected absences for their own incapacitation. However, non-bargaining unit employees returning from FMLA protected absences taken in blocks of time for their own incapacitation will, pursuant to that law, provide a statement that they are able to return to work and perform their essential functions.

2. Q: What criteria should management look at in assessing whether return to work documentation under ELM 865.1 should be requested?

A: There are a number of factors that can be considered in making the determination whether an employee may be unable to perform the essential functions of his/her position, with or without reasonable accommodations, or whether the employee may pose a direct threat to health or safety. Paramount among them will be the nature and seriousness of the medical condition in issue and the essential functions of the employee’s job.

3. Q: What kind of medical information can be considered?

A: Managers and supervisors can consider the information an employee has given them when requesting leave for an illness or injury such as Form 3971, a doctor’s note, FMLA certification form, or the employee’s own statements. In addition, they may consider the number and frequency of the employee’s absences, duration of the absence, requests for workplace accommodations or light duty, and notification of medical restrictions. Caveat: The Privacy Act, FMLA and USPS policy require that an employee’s medical documentation be accorded confidentiality and in no instance should such documentation be disclosed except as specifically provided for under these laws.

Example: An employee leaves work in the middle of her tour, submitting a Form 3971 stating that she needs leave for depression. Last month, she had submitted FMLA certification to her supervisor for overnight hospitalization due to depression. On that certification, her physician had noted that her medication required adjustment and that she should avoid all stress. The supervisor may request return to work documentation because he has a reasonable belief, based upon the employee’s behavior, hospitalization and medication adjustment, that her ability to perform her essential job functions may continue to be impaired by a medical condition.

4. Q: What factors would give rise to a “reasonable belief” that an employee’s medical condition may impair the employee’s ability to from performing the essential functions of his or her position or that he/she poses a direct threat?

Among the most typical factors management could consider are:

• Observation that there is a significant [notable?]deterioration in an employee’s job performance prior to his/her medical absence.

• Observation or documentation that the employee behaved in an unusual or threatening manner.

• Observation that the employee is not orientedorientated to time, place, and/or person.

Example: A maintenance engineer had a hypoglycemic episode right before climbing a ladder and was unable to do his job. When he explained that he recently had begun a different insulin regimen and that his blood sugar levels occasionally dropped too low, his supervisor sent him home. Given the safety risks associated with the engineer’s job, his change in medication and his hypoglycemic reaction, the employer may ask him to submit a medical documentation indicating he can safely perform his job without posing a direct threat before allowing him to return to work.

5. Q: Who can assist managers and supervisors in reviewing documentation submitted by the employee or in assessing information about the employee received from other reliable sources?

A: Management should seek guidance from the District Occupational Health Nurse Administrator, Health Unit Occupational Health Nurse, the Postal Service physician (contract physicians, SAMDs and AAMDs) and the FMLA Coordinator. Guidance should be sought as a routine matter in any case where management is considering requesting return to work documentation

6. Q: What information, in addition to that about the medical condition in issue, should the medical professionals have when advising management about return to work?

A: The manager or supervisor should provide medical personnel with a copy of the employee’s essential job functions and should sign the copy to confirm its accuracy, adding any additional information particular to the employee’s job that medical personnel should know.

7. Q: Why should management submit a signed copy of the employee’s essential job functionsal requirements to the medical personnel who have been asked to review the documentation?

A: A signed copy shows that management has examined the job description to ensure that it accurately reflects the employee’s actual job duties. For example, the official job title may be Mail Handler, but the employee may not, in practice, be required to perform all of the duties in the official job title or may, in a particular office, perform additional duties which are essential in that office.

8. Q: To whom does the employee submit return to work documentation?

A: The employee should submit return to work documentation to his/her immediate supervisor, provided there is no other management representative designated locally. .[Charlie: I’m not altogether sure what our current practice is or even if there is a consistent practice, but this is what the return to work letter states] Upon receipt of the employee’s documentation, the supervisor should contact the District Medical Unit to confer about the employee’s ability to return to work.

9. Q: Is any particular form of return to work documentation required?

A: No. Return to work clearance can be submitted in any format so long as there is sufficient information contained therein to allow management to determine whether the employee is able to perform the essential functions and/or not pose a threat to health or safety.

10. Q: When managers or supervisors receive return to work medical documentation, what should they do with it upon completion of their review?

A: After review of the medicalreturn to work documentation, management must should forward it to the Medical Unit for retention if it contains a diagnosis or other medical information. Documentation that does not contain any medical information (e.g., “John Doe can return to work without restrictions”) may be retained in accordance with local procedures. In all cases, managers and supervisors must protect the confidentiality of the medical information they receive from an employee, pursuant to the Privacy Act and USPS policy. .

11. Q: ELM 865.1 states that management can request return to work clearance based upon several factors, one of which is “reliable” information. What is considered to be reliable information?

A: Reliable information may be information submitted by (1) a credible third party that the employee has a medical condition that will impair his/her ability to perform essential job functions or pose a direct threat or (2) the employer may observe symptoms indicating the employee may have a medical condition that will impair his/her ability to perform essential job functions or pose a direct threat.

12. Q: What factors can an employer consider in assessing whether information learned from another person is “reliable”?

A: Factors can include (1) the relationship of the person providing the information (e.g., spouse, coworker, friend); (2) the seriousness of the medical condition at issue; (3) the possible motivation of the person providing the information; (4) how the person learned the information (e.g., directly from the employee or from someone else) and (5) other evidence that the employer has that thate bears on the reliability of the information provided.

13. Q: If the employee’s return to work documentation does not resolve the question whether he/she can perform the essential functions with or without reasonable accommodation or poses a direct threat, can management request clarification from the employee’s health care provider or require a fitness for duty examination?

A: Yes, management may request clarification from the employee’s provider, with the employee’s written authorization. For absences covered by the FMLA, clarification can only be made by a health care provider representing the employer. Management may also request a fitness for duty examination prior to returning a bargaining unit employee to work, provided the request is job related and consistent with business necessity. Likewise, such requests for a FFD can also be made of non-bargaining unit employees prior to a return to work only after non-FMLA protected absences.

14. Q: What procedure should be followed when requesting a fitness for duty examination?

A: A request for a fitness for duty examination is sent to Human Resources. The Occupational Health Nurse Administrator and the labor relations specialist, in most instances, consult with the Human Resources Manager in determining the appropriateness of the request. This review may also include review of all pertinent documentation by the postal physician and a comparison of the job requirements with the submitted documents and observations made by management concerning the employee’s job performance. The physician/OHNA, acting as the subject matter expert, may recommend that the employee undergo a Fitness for Duty examination. If management concurs with this determination, management notifies the employee of the date and time of his/her examination. (Reference- EL 860-2000-7)

National Medical Director, Employee Resource Management, 8-15-05References

513.36 Sick Leave Documentation Requirements

513.361 Three Days or Less

For periods of absence of 3 days or less, supervisors may accept the employee's statement explaining the absence. Medical documentation or other acceptable evidence of incapacity for work or need to care for a family member is required only when the employee is on restricted sick leave (see 513.39) or when the supervisor deems documentation desirable for the protection of the interests of the Postal Service. Substantiation of the family relationship must be provided if requested.

513.362 Over Three Days

For absences in excess of 3 days, employees are required to submit medical documentation or other acceptable evidence of incapacity for work or of need to care for a family member and, if requested, substantiation of the family relationship.

513.364 Medical Documentation or Other Acceptable Evidence

When employees are required to submit medical documentation, such documentation should be furnished by the employee's attending physician or other attending practitioner who is performing within the scope of his or her practice. The documentation should provide an explanation of the nature of the employee's illness or injury sufficient to indicate to management that the employee was (or will be) unable to perform his or her normal duties for the period of absence. Normally, medical statements such as "under my care" or "received treatment" are not acceptable evidence of incapacitation to perform duties.

Supervisors may accept substantiation other than medical documentation if they believe it supports approval of the sick leave request.

Management Instruction: EL 860-2000-7, Fitness for Duty Examinations

Section: Arranging for a Fitness for Duty Examination

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