Can't come back to work

NYGiants · September 2007

We have an employee who is undergoing surgery, and according to her doctors, will not be able to return to work in her prior postion. According to what the employe has told us, her permanent physical limitations will also preclude her from working in any position we have available in our organization. As such, the employee has admitted that she will not be returning to work. Does an employee still get FMLA leave if they disclose that they will not be returning after leave?

marthacjs · September 2007

Unless your company has a policy of paying for FLMA time taken regardless of leave balance, I don't see where this is relevant. FMLA only guarantees that the person will not lose her job for taking medical leave, but the leave is not required to be paid. I would, however, pay out accumulated sick leave until exhausted.

Candycane · September 2007

I agree with the other poster. One of the main purposes of FMLA is the intent to return to their position. Have you already gotten the cert where the doctor has stated they won't be able to return? I would talk with the ee one on one to make sure that this is true what is being said then make sure you cannot accomodate her before taking any further steps.

mperez_jetrord_com · September 2007

This employee may be covered under the ADA! It is of extreme importance that you make sure you go through the interactive procedure and document it, before making your final decision.

Can't come back to work

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