Under the ADA, disabled employees may be entitled to disability leave beyond what’s available through theand other accrued leave like vacation and personal time. However, they may not be entitled to reinstatement to their prior position.
Employers are free to set the rules if an employee goes beyond the required 12 weeks of. For example, they can fill the employee’s position and require that he apply for other open slots when ready to return. If he refuses, he can be discharged.
Recent case: John worked for 23 years as a float pool nurse at a hospital. He had numerous health problems and took frequent short sick leaves for things like depression, anxiety, insomnia, anemia and a hernia.
John finally took a long disability leave to have surgery for the hernia and for treatment for other medical problems. The hospital allowed employees to take up to one year off for medical leave, with the understanding that ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Court: Arbitration OK as long as employee doesn't have to give up any rights
- Don't sugarcoat reason for termination
- Be wary of hitting employee with sudden criticism after FMLA request
- Worker returning from FMLA leave? You can refuse to reinstate