While similar concepts, these are separate forms with different requirements depending on which law is applied. Sometimes, employers will call a “fitness-for-duty certificate”, a “return-to-work release” under FMLA; however, under the ADA we often refer to a fitness-for-duty exam.

Under the FMLA, an employer can require a fitness-for-duty certificate when the employee is returning from leave for their own serious health condition. The employer can require certification that the employee is able to resume work and perform the essential functions of their job; however, the employer must have notified the employee of the fitness-for-duty requirement at the time of leave designation and provided a list of essential job functions.

Only for specific circumstances under the ADA can a fitness-for-duty exam be required. The ADA requires that the exam must be job related and consistent with business necessity. Generally, this standard will be met if:

• the employer has reason to believe that the employee’s condition may prevent them from performing their essential job functions; or
• the employee poses a direct threat to his or her own safety or the safety of others.

So, the bottom line is when an employee is returning to work from FMLA leave they can provide a release to work or fitness-for-duty certificate, if notified of the need when the leave is designated. When an actual medical examination is required to verify fitness for duty, the ADA requires that it must be job related and consistent with business necessity.