May an employee be required to provide medical documentation showing s/he is able to return to work if it is suspected s/he has been out with the flu or a contagious disease?

Requiring a medical examination based on perception of an employee’s symptoms should be avoided. However, if clear evidence exists that the employee has been absent due to illness (e.g., employee has been on sick leave), the supervisor may require that the employee provide acceptable medical documentation supporting s/he is able to return to work and will not pose a threat to the health and safety of others.

Additionally, if the employee occupies a Probation Officer, Pretrial Services Officer, or Probation or Pretrial Services Assistant position, s/he may be required to provide acceptable medical documentation attesting to his/her ability to return to work and perform the duties of the position. Employees in law enforcement officer positions must meet the medical requirements of those positions. If an employee in one of these positions refuses to have a medical exam, s/he may be disciplined up to and including removal from service.