Theguarantees qualified employees who have a "serious health condition" up to 12 weeks off without pay per year. And they have the right to return to the same or a similar job.
But what happens if the employee tries to return to work but isn't quite recovered? In that case, you can turn the employee away if he or she can't perform the job's essential functions.
That scenario often plays out when the returning employee's job involves operating machinery or driving and the person must take medication. If the medication interferes with the ability to drive or safely use equipment, you can place the employee in another job or deny reinstatement entirely if no suitable job is available.
Recent case: UPS driver Randy Joostberns tookfor depression. When he returned, he was still taking medication with a warning label that said users should not operate heavy machinery. UPS put him to work at the customer counter instead of behind the wheel.
He filed an FMLA suit, claiming that amounted to denying him reinstatement. The court disagreed. Because he couldn't safely drive, he wasn't entitled to the same job back. (Joostberns v. UPS, No. 04-2370, 6th Cir., 2006)
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/1649/medication-may-limit-employees-fmla-reinstatement-rights "
- Same-sex marriage: Know the impact on policies, benefits
- FMLA leave when a military spouse returns from active duty
- Must we grant FMLA leave for employee to provide care to her niece?
- Worker just mentions family member's illness? That's not adequate FMLA notice
- You can terminate someone on FMLA leave--as long as reason has nothing to do with FMLA