Sec.31-51qq-35. Under what circumstances may an employer require that an employee submit a “fitness-for-duty” certification that the employee is able to return to work?

(a) As a condition of restoring an employee whose FMLA leave was occasioned by the employee's own serious health condition that made the employee unable to perform the employee's job, an employer may have a uniformly-applied policy or practice that requires all similarly-situated employees, such as employees with the same occupation or same serious health condition, who take FMLA leave for such conditions to obtain and present certification from the employee's health care provider that the employee is able to resume work.

(b) If other provisions of State or local law, or the terms of a collective bargaining agreement, govern an employee's return to work, those provisions shall be applied. Similarly, requirements under the ADA that any return-to-work physical be job-related and consistent with business necessity apply.

(c) An employer may seek a fitness-for-duty certification only with regard to the particular health condition that caused the employee's need for FMLA leave. The certification itself need only be a simple statement of an employee's ability to return to work; however, the employer may provide the employee a list of the employee’s essential job functions and may require the employee to provide the list to the health care provider in making the fitness-for-duty determination. The employer may contact the employee's health care provider, for purposes of seeking authentication, as defined in section 31-51qq-32(a)(1) of the Regulations of Connecticut State Agencies, the employee’s fitness-for-duty certification. The employer shall use a health care provider, a human resources professional, a leave administrator, or a management official to make such contact. The employee’s direct supervisor shall not contact the employee's health care provider under any circumstances. The employer may also contact the employee’s health care provider, with the employee’s permission, for purposes of seeking clarification, as defined in section 31-51qq-32(a)(2) of the Regulations of Connecticut State Agencies, of the fitness-for-duty certification. No additional information may be acquired, and clarification, as defined in section 31-51qq-32(a)(2) of the Regulations of Connecticut State Agencies, may be requested only for the serious health condition for which FMLA leave was taken. The employer may not delay the employee's return to work while contact with the health care provider is being made.

(d) The employee shall pay any costs associated with obtaining the fitness-for-duty certification, and the employee is not entitled to be paid for the time or travel costs involved.

(e) The designation notice required in section 31-51qq-26 of the Regulations of Connecticut State Agencies shall advise the employee if the employer will require a fitness-for-duty certification to return to work. If the employer has a handbook explaining employment policies and benefits, the handbook shall explain the employer's general policy regarding any requirement for fitness-for-duty certification to return to work. No second or third opinions on a fitness-for-duty certification may be required.

(f) An employer may delay restoration to employment until an employee submits a required fitness-for-duty certification unless the employer has failed to provide the designation notice required in section 31-51qq-26 of the Regulations of Connecticut State Agencies.

(g) An employer is not entitled to a fitness-for-duty certification when the employee takes intermittent leave or reduced schedule leave.

(h) If State or local law or the terms of a collective bargaining agreement govern an employee's return to work, those provisions shall be applied. If an employee's serious health condition may also be a disability within the meaning of the ADA or FEPA, the FMLA does not prevent the employer from following the procedures for requesting medical information under the ADA or FEPA.

(Adopted effective March 9, 1999; Amended August 3, 2022)