Employees who take
But it can be risky to insist that the employee return without any restrictions at all, as the following case shows.
Recent case: Johnny Lee took leave for back problems. His doctor authorized his return, with a 25-pound lifting restriction.
HR refused to reinstate him, arguing that it had a policy requiring 100% recovery.
Lee sued, and the court said he should have a jury trial because he alleged that he was perfectly capable of performing his job with the lifting restriction. (Lee v. University Hospital Health System, No. 1:07-CV-3555, ND OH, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Instead of firing after FMLA and disability leave, consider reasonable accommodations
- Slouching doesn't sit well with us: Can we discipline?
- Give HR the authority to investigate, impose discipline
- Use clear policy to thwart harassment claims