Conflicting Fitness for Duty Reports Preclude Retaliation Claim

What should an employer do when an employee’s doctor releases him to return to work, but its own doctor says that the employee cannot safely return? A federal district court in Kansas recently addressed this issue, holding that an employer’s reliance upon its own doctor’s opinion that an employee could not return to work was a legitimate basis for discharging the employee after he had exhausted all of his available FMLA leave.