When employees return from leave for an-covered illness or ADA-related disability, you naturally want to make sure they're ready to resume work. After all, if problems linger, you may want to adjust accommodations or make other arrangements that prevent future absences or injuries. But make sure you don't throw up so many roadblocks to that return that it looks like retaliation for taking leave.
First, obtain a medical clearance from the employee's health care provider that spells out whether he or she is fully recovered or needs a light-duty modification. Next, obtain clarification of any restrictions. Don't, however, insist on multiple evaluations or expert referrals unless absolutely necessary.
Recent case: Bus driver Charles Stevens requested a month ofto deal with chronic Hepatitis C complications. He returned with a doctor's note saying he could resume driving without restrictions.
But the bus company demanded Stevens fill out a return-to-work form that detailed his treatment and asked if he had any other physical or mental conditions. Stevens checked "yes" because he and his wife had undergone marital counseling.
That "yes" triggered numerous requests for more certifications. The company rejected each one because a counselor (not a board-certified psychiatrist) filled them out. Finally, the bus company demanded a psychiatric evaluation, saying Stevens couldn't return to work until he complied.
He sued, alleging retaliation for taking FMLA leave. The court ordered a trial based on the roadblocks the bus company put in place. (Stevens v. Peter Pan Bus Lines, No. 3:03CV1948, DC CT, 2005)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/142/make-sure-return-to-work-requirements-are-reasonable "
- Restaurant makes good after religious discrimination slip-up
- Denying pay raise is 'adverse employment action'
- Whistle-blower claims retaliation by Bexar constable's office
- When showing up for work is essential, you don't have to accommodate with lax schedule
- Michigan Workers' Disability Compensation Act