Since the implementation of the FMLA, The Department of Labor has rendered a number of opinions in regards to the administration of the FMLA. The most recent decision involves the Agency's employees, and "Return to Work" packets.
This decision refers only to "bargaining unit" employees who return to duty after an absence due to a non-job-related illness or injury under the provisions of Section 865 of the ELM. These absences would be due specifically to exposure to a communicable or contagious disease, mental or nervous condition, diabetes, cardiovascular disease, epilepsy, a condition involving hospitalization, or absences of 21 days or more due to their own health condition.
If you are asked to provide a "return to work" packet, you should abide by the request if the situation warrants your adherence to the request. I would strongly recommend that you consult with your union and initiate a grievance, if appropriate. I cannot give a general answer on which way an individual should proceed since each individual's circumstances will be different. The return-work-protocol that Western Region disseminated to their managers appears to be subject to interpretation on (a) certain issue(s).
This website will be updated as verified information is received. This will include all opinions that have been issued by the Department of Labor and have been made a matter of policy. These opinions would take precedent until such time as it would be contested in a court of law, or at an arbitration level, if ever.