Can an employer test an employee who has been off work due injury or illness?

Larry Feeler:

Under the Americans with Disabilities Act, it actually states that when an employee is injured, then you have the right to test them, to check their ability to return to work. You've got to realize that the American Disabilities Act is trying to protect people who are injured, no matter whether it's work related or not, to ensure that they can come back to work if they can perform essential functions safely. We all know that companies transition people all the time, but we want them matched to essential functions they can perform while they get better, and then add new ones as they can perform more efficiently.

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