One of our employees was out on leave for an operation, and now he wants to come back to work. How can we be sure he is physically up to the job?

The Family and Medical Leave Act may apply to your company, depending upon the number of employees you have. This Act gives eligible employees the right to take up to 12 weeks of unpaid leave, or paid leave if it has been earned, in any 12-month period. The Act also provides that employees be restored to the same or equivalent position when they return from the leave. In certain situations, you may be able to request a certification from the employee’s doctor that the employee is able to return to work. However, you must make sure that any action you take is not in conflict with the American With Disabilities Act.