Employees who takefor their own serious health condition are entitled to return to their former jobs or equivalent ones once their leave is up. But if an employee still can’t perform an essential function of the old job, you may not have to reinstate him. It’s not retaliation to deny reinstatement under those circumstances.
Recent case: Robert Roehlen worked as a Ramsey County deputy sheriff for many years until he retired shortly after using up hisleave. His job had been to transport prisoners and mental patients between jails, prisons, hospitals and courts. Prisoners were always restrained in handcuffs, but the mentally ill were not. Generally, two deputies were assigned to the same transport van.
According to the Ramsey County Sheriff’s Department, all deputies had to be prepared to make arrests at all times.
Roehlen’s trouble began when he had to work with someone he knew had tuberculosis. He refused to...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Must we grant time off for rehab?
- You can demand that employees respond to FMLA leave questions
- Employee goes dark after FMLA leave expires--when can we terminate?
- Employees who agree to arbitration lose federal option in FMLA, NJLAD cases