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    • Fitness for Duty Test
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Question from tk1964Nov-4
Can an Oklahoma employer pick and choose which employees they will require to take a fitness for duty test after FMLA return?  My husband was off work with a broken wrist and was told he could return from STD once the doc released him to lift 50 lbs which is the max weight the company will allow employees to lift without a crane.  My husband got released but the HR department allowed the supervisor to state that my husband would have to take a fit for duty test where he would be required to lift 75 lbs.  Two weeks later his doc gave a full release.  It took the HR department 3 days to schedule the test in which my husband was told he was only required to left 50 lbs since that is what his job description required.  Shouldn't HR have known the 50 lbs requirement?  My husband had to miss 3 additional weeks of pay because of the misinformation given by the supervisor in the presence of HR.  Since his return to work, my husband has been told by several other employees that they were not required to take the fit for duty test even though their injuries were similar.  I thought a company could not require such a test unless they required it of everyone.  It truly appears my husband was singled out by his supervisor.  Thanks!
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Fallen Nov-5 81907.2
If ultimately the 75-lb test wasn't given, then beyond perhaps filing a complaint with the federal DOL about the arguably retaliatory flavor of a supervisor asking HR to make it so that your husband had to pass a 75-lb. requirement and what work time was missed because of it.
 
"Shouldn't HR have known the 50 lbs requirement?"

Doesn't really matter, in the end.  He was tes
 
"My husband had to miss 3 additional weeks of pay because of the misinformation given by the supervisor in the presence of HR."

You only mention three days, but whatever.  He's free to complaint the delay.
 
"Since his return to work, my husband has been told by several other employees that they were not required to take the fit for duty test even though their injuries were similar."

I presume you've considered whether this supervisor has a problem with your husband personally.  It's possible, right?  What you say here indicates there's no regular/systematic attempt to get back at folks for being on FMLA.
"I thought a company could not require such a test unless they required it of everyone."

Sounds like you're making assumptions; the law doesn't require an employer to do the same thing in every case.
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