Employees onaren’t entitled to reinstatement if they can’t perform the essential functions of their jobs. Losing a certification required to do the job during leave may mean no right to reinstatement.
Recent case: Daryle worked at a nuclear power plant. His position required him to have access credentials, including a federal certification to enter and work at nuclear facilities.
After receiving inpatient treatment for sleep deprivation and paranoid thoughts, Daryle took FMLA leave. During leave, his federal access certificate was revoked, partly because of his condition. When it wasn’t reinstated, the plant terminated him.
He sued, arguing that the employer interfered with his right to take FMLA leave.
The court disagreed. It said the certification was essential to the job. Without it, he wasn’t qualified and didn’t need to be reinstated. (McNelis v. PPL, No. 4:13-02612, MD PA, 2016)
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