If an employee on medical leave undergoes an independent medical examination and is cleared for work, can the employer seek a second opinion?
Question: If an employee on medical leave undergoes an independent medical examination and is cleared for work, can the employer seek a second opinion?
Answer: In some circumstances it will be appropriate for an employer to require medical documentation before allowing an employee that has been on a medical leave of absence to return to the workplace. Obviously, this needs to be a fact-based assessment and it would be unreasonable to require medical documentation before allowing someone to return to work from a brief absence where there is no legitimate reason to be concerned about their return.
