Husband had a pace maker inserted and was out of work for one week. He returned to work and has been working for 3 weeks since the

The answer depends in part on whether the time off was covered by the Family & Medical Leave Act; whether the employer timely provided what is called a Designation Notice; and whether the Designation Notice was accompanied by an advisory that a return-to-work certification would be required. If the employer didn't do this, it cannot demand a RTW certification as a condition for returning the employee to work.

If the employer is too small to be covered by the FMLA but large enough for the ADA to apply, then this could be permitted under the ADA but could also constitute a prohibited medical inquiry under the statute.

Either way, this is not a question that can be definitively answered with just the information you've provided. Feel free to contact me if you'd like to schedule an initial consultation meeting (which we could do by phone as you appear to be in the Fort Worth area).

Andrew S. Golub
Dow Golub Remels & Gilbreath, PLLC
2700 Post Oak Blvd., Suite 1750
Houston, Texas 77056
713-526-3700 (o)
713-526-3750 (fax)
asgolub@dowgolub.com

posted by Andrew Golub  |  Jan 14, 2019 2:33 PM [EST]