Puerto Rico Fitness for Duty Certification
Description
How to fill out Fitness For Duty Certification?
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FAQ
Fitness For Duty The employee is physically and mentally capable of safely performing the essential functions of his/her job.
According to OSHA, fit for duty means that an individual is in a physical, mental, and emotional state which enables the employee to perform the essential tasks of his or her work assignment in a manner which does NOT threaten the safety or health of oneself, co-workers, property, or the public at large.
A fitness-for-duty certification is, in a basic sense, just what it sounds like. It is a statement that an employee is fit to get back to his or her job and can handle all of that job's essential functions.
Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.
A good rule of thumb to follow is to require an employee to undergo a fitness for duty examination only if you have specific evidence: 1) that the employee has difficulty performing one or more essential functions of his or her job; or 2) of other good cause (i.e., excessive absenteeism, poor productivity).
Functional Testing is designed specifically to test the physical ability of the candidate to safely perform the essential job tasks. This includes physical tests such as push/pull, grip, lifting or stair climbing.
The COMPANY is responsible for paying the cost of any fitness for duty evaluation(s) required by the COMPANY. If the employee wishes to get a second opinion, or an additional evaluation from another provider, the employee is responsible for paying the cost of any additional evaluations.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.