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Weigh ADA, FMLA when considering return to work following disability leave

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in FMLA Guidelines,Human Resources

Under the ADA, disabled em­­ployees may be entitled to disability leave beyond what’s available through the FMLA and 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 FMLA leave. 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)

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