Fitness for Duty at Close of Medical Leave Period

(1) As a condition of restoring an employee or covered contract worker whose leave was occasioned by their own serious health condition, an employer or covered business entity may have a uniformly-applied policy or practice that requires all similarly-situated employees or covered contract workers who take leave for such conditions to obtain and present certification from their health care provider that the employee or covered contract worker is able to resume work. (2) An employer or covered business entity may seek a fitness-for-duty certification only with regard to the particular health condition that caused the employee or covered contract worker's need for leave. The certification from the health care provider must certify that the employee or covered contract worker is able to resume work. Additionally, an employer may require that the certification specifically address the employee or covered contract worker's ability to perform the essential functions of their job. In order to require such a certification, an employer or covered business entity must provide an employee or covered contract worker with a list of the essential functions of their job within ten business days of the notice to the employer or covered business entity of the approval of leave by the Department and must indicate that the certification must address the employee or covered contract worker's ability to perform those essential functions. If the employer or covered business entity satisfies these requirements, the employee or covered contract worker's health care provider must certify that the employee or covered contract worker can perform the identified essential functions of their job. (3) An employer or covered business entity may delay restoration to employment until an employee or covered contract worker submits a required fitness-for-duty certification, unless the employer or covered business entity has failed to provide the notice required 458 CMR 2.11(2). If an employer or covered business entity provides the notice required, an employee or covered contract worker who does not provide a fitness-for-duty certification following the approved leave period by the Department is no longer entitled to reinstatement. In furtherance of the foregoing, an employee or covered contract worker who does not provide a fitness-for-duty certification following the approved leave period by the Department shall not be entitled to an extension of benefits, unless said extension would comply with the requirements of 458 CMR 2.10(2). 2. 10: continued 1 . Whether the covered individual will receive any paid leave benefits from the employer or covered business entity during the requested extended leave period at issue; 2. Whether the employer or covered business entity has approved or intends to approve the request for extension under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601), or any other policy of the employer or covered business entity allowing for paid or unpaid leave; and 3. Any other relevant information or records related to the request for extension including, but not limited to, evidence of a fraudulent application for benefits. (e) The initial seven-calendar day waiting period for benefits, referenced in 458 CMR 2. 12(7), shall not apply to an approved extension of benefits. (f) Any extension of an application for benefits shall be limited to any period of paid family or medical leave the employee remains eligible for in the benefit year pursuant to 458 CMR 2. 10. (g) Applications for requests for extensions shall be deemed complete at the time the information required under 458 CMR 2.10(4)(b) has been received by the Department or the expiration of ten business days after the Department requests the information under 458 CMR 2. 10(4)(c) from the employer or covered business entity, whichever is sooner, and is subject to the application for benefits approval process in 458 CMR 2.09. (h) The Department shall provide contemporaneous notice to the covered individual and to the employer or covered business entity, if any, of the Department's approval or denial of the extension request. (i) A covered individual must apply for and be eligible for benefits in any subsequent benefit year. (i) An employer or covered business entity may seek a medical recertification of the employee or covered contract worker's serious health condition following the expiration of the initial period of incapacity cited in the healthcare certification or where an intermittent leave has extended for a period of more than six months from the approval by the Department, whichever occurs first. 2. 1 1 : Fitness for Duty at Close of Medical Leave Period ( 1) As a condition of restoring an employee or covered contract worker whose leave was occasioned by their own serious health condition, an employer or covered business entity may have a uniformly-applied policy or practice that requires all similarly-situated employees or covered contract workers who take leave for such conditions to obtain and present certification from their health care provider that the employee or covered contract worker is able to resume work. (2) An employer or covered business entity may seek a fitness-for-duty certification only with regard to the particular health condition that caused the employee or covered contract worker's need for leave. The certification from the health care provider must certify that the employee or covered contract worker is able to resume work. Additionally, an employer may require that the certification specifically address the employee or covered contract worker's ability to perform the essential functions of their job. In order to require such a certification, an employer or covered business entity must provide an employee or covered contract worker with a list of the essential functions of their job within ten business days of the notice to the employer or covered business entity of the approval ofleave by the Department and must indicate that the certification must address the employee or covered contract worker's ability to perform those essential functions. If the employer or covered business entity satisfies these requirements, the employee or covered contract worker's health care provider must certify that the employee or covered contract worker can perform the identified essential functions of their job. (3) An employer or covered business entity may delay restoration to employment until an employee or covered contract worker submits a required fitness-for-duty certification, unless the employer or covered business entity has failed to provide the notice required 458 CMR 2.1 1(2). If an employer or covered business entity provides the notice required, an employee or covered contract worker who does not provide a fitness-for-duty certification following the approved leave period by the Department is no longer entitled to reinstatement. In furtherance of the foregoing, an employee or covered contract worker who does not provide a fitness-for-duty certification following the approved leave period by the Department shall not be entitled to an extension of benefits, unless said extension would comply with the requirements of 458 CMR 2. 1 0(2). (4) An employer or covered business entity is not entitled to a certification of fitness to return to duty for each absence taken on an intermittent or reduced leave schedule. An employer or covered business entity is entitled to a certification of fitness to return to duty for such absences up to once every 30 calendar days if reasonable safety concerns exist regarding the employee or covered contract worker's ability to perform their duties, based on the serious health condition for which they took leave.