She Can't Return Full Time Yet -

Red

Our corporte office receptionist has been out over 3 months. She has used all her FMLA and is now on unpaid discretionary leave. Her Doctors don't know yet when she will be able to return. I want to tell her that she has 2 more weeks to come back to work or else we can no longer hold her job. My fear is that if she comes back she will bee in and out all the time. She already tried to come back once, lasted 4 hours and hasn't been back in 2 weeks.

Any advice would be appreciated!

System

Is she disabled under the ADA's definitions? If so, you might have to give more leave as a reasonable accommodation.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Don D

Now James, you know it's not Red's responsibility to unilaterally pursue an ADA disability or accommodation. If the ee has made no effort to comply with policy and has not given the company any indication of ADA applicability, the employer is free to carry out its policies. Of course we don't know what paper trail of medical documents exists or what conversations were had when the lady did return once for 4 hours. Or if the company 'perceives' the ee to be disabled. That is all certainly crucial. The fact that the writer also "assumes if we take her back she will be out all the time" implies some knowledge not contained in the post.