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Return from Medical Leave

JanetJanet 124 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
A non-union hourly employee has been off work for medical reasons (FMLA qualifying). She has presented us with a return to work slip from her doctor. Are we obligated to return her on THAT date? The return date is 11/27, which just happens to be the day before Thanksgiving and it just so happens that an EE must work the day before the holiday to get holiday pay.
Can we just have her return to work the following Monday?
Thanks!
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Comments

  • 2 Comments sorted by Votes Date Added
  • hrbankerhrbanker 243 Posts
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    An employee can't be made to take more leave than required (Sec 825.309 DOL Final FMLA Regs). If the doctor certified that she can return to work on that date, and the employee has notified you of the return date, in my opinion you have to let her return to work on that day. If you have accepted the medical certification and it is complete you can't request more information from the doctor. Paying for the holiday may be a lot less expensive than denying a benefit to someone because they took FMLA leave.


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  • Don DDon D 9,834 Posts
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    "banker" gives a solid answer. Watch out giving the appearance of retaliation against someone for having utilized FMLA. The law also prohibits your removal of any benefit that the employee would have otherwise been entitled to had it not been for the occurence of FMLA. I understand your view of this.....just ain't worth it. Go with hrbanker's advice and you'll take fewer Rolaids in the long run.
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