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)
- Is our employee entitled to take FMLA leave so she can try out a new job?
- Clairvoyance not required to ID need for FMLA
- Tell supervisors to zip it! Little digs can add up to retaliation
- Can we set different sick policies for different offices?
- Don't consider FMLA leave when tallying employee's 'excessive' absences