Common use of Change in Duration of Leave Clause in Contracts

Change in Duration of Leave. 1. Return Prior to Expiration If an employee wishes to return to work prior to the expiration of the approved FMLA leave period, s/he must notify the supervisor within two business days prior to the employee’s planned return. Employees may be required to provide a fitness-for-duty certification (if indicated on the designation notice) specifically addressing the employee’s ability to perform the essential functions of his/her job, prior to returning to work if the FMLA leave of absence was due to the employee’s own serious health condition. Employees required to present a fitness-for-duty certification may be delayed in restoration to employment until certification is provided. Second and third opinions are not allowed on a fitness-for-duty certification.