<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 11.02.13.07" title_num="11" subtitle_num="02" chapter_num="13" heading="Fitness for Duty.">
  <paragraph num="A.">
    <text>An administration may require fitness for duty certification for employees who return to work from FMLA leave only if the administration has a uniformly applied policy or procedure that requires employees in the same occupation and with the same serious health condition who take FMLA leave for this condition to obtain and present certification from the employee's health care provider that the employee is able to resume work.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A fitness for duty certification is only in regard to the particular health condition that caused the employee's need for FMLA leave.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A fitness for duty medical evaluation shall be job related.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The department may not require a second or third opinion for a fitness for duty certification.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The Department shall notify an employee applying for FMLA leave that a fitness for duty certification is required before the employee returns to work.</text>
  </paragraph>
</regulation>