Market Areas > Human Resources >Fitness-For-Duty Exams

Fitness-For-Duty Exams: Legal Use under the ADA and FMLA

Course Description:

Fitness-for-duty exams are an essential tool for employers to assess whether an employee is fit enough to work. Whether it is a workers’ comp injury, erratic behavior at work, or a medical leave, these exams are an indispensable assessment tool. But are they always justified? Legal?

Employers must consider federal employment laws like the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) before deciding whether an exam is legal. Failure to know your legal obligations and follow these laws could result in costly litigation. 

Find out how to navigate the tricky legal maze of rules surrounding fitness-for-duty exams in this comprehensive audio conference.

Course Highlights:

• When you can legally request an exam and what requirements must be met
• How ADA and FMLA apply and how to remain compliant
• Compliant employee notification practices
• Who pays for exams
• Methods for handling exam results that are not clear
• Hidden-disability issues and repercussions
• Best practices for post-exam reinstatements
• Confidentiality and privacy gotchas

Featured Faculty:

Mary L. Topliff, Law Offices of Mary L. Topliff

Mary L. Topliff, of the Law Offices of Mary L. Topliff in San Francisco, a certified Women’s Business Enterprise, has specialized in employment law counseling, training and compliance for over 20 years. Ms. Topliff regularly advises business owners and human resources professionals on all aspects of workplace issues with the goal of preventing costly disputes. She also negotiates employment and separation agreements for executives.

Ms. Topliff serves on the Editorial Review Board for the State Bar of California’s Labor and Employment Law Review. She was elected to the Board of Directors of the Northern California Human Resources Association in 2007 and to its Executive Committee in 2008. Ms. Topliff serves as Co-Chair of the Board of Directors and is on the Executive Committee of the Youth Leadership Institute. She currently serves as an arbitrator for the Bar Association of San Francisco’s

Attorney Fee Dispute Panel and has been a mediator for the Equal Employment Opportunity Commission since 2007.

In 2006, Ms. Topliff was invited to be a Fellow of the American Bar Foundation. Her prior board leadership positions include the Fort Mason Foundation and the Financial Women’s Association. Ms. Topliff previously served as Co-Chair of the Work-Life Balance Committee of Queen’s Bench, a women’s bar association, and served as the state-wide Government Affairs Director for the Society of Human Resource Management.

MONEY-BACK GUARANTEE:

We're so confident you'll get what you want out of this conference that we'll refund every penny if you're not completely satisfied. No questions asked! It's 100% risk-free!

pricing:

Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCI - Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. "The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit."

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