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Return to Work before FMLA runs

spurrspurr 3 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
An employee scheduled FMLA leave for a period of 6 weeks for surgery and recovery. His doctor has certified him as fit to return to light duty work several weeks before the end of the 6 weeks. Can the employer require the employee to come off FMLA and begin the light duty work? I believe the answer is "yes" because once he can work he doesn't qualify for FMLA. However, I can't find a cite for this proposition. Any help would be appreciated. Thanks!
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    yes....... Why would FMLA be allowed to continue once a physician removes the serious medical condition of the employee??? I don't believe there is such a cite (stated in the negative), but I'd go with the MD's recommendation and offer light duty if you have such a program available.
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  • GarGar 347 Posts
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    You most certainly can require the employee to return to work since his healthcare provider has certified him as being able to do so, although on light duty. This may be somewhat unrelated but I recall a situation in which we designated a leave, which an employer can do. The employee needed the time off to take care of her sick mom (cancer). Unfortunately, mom died and the employee wanted additional FMLA time-off to handle mom's legal affairs. We told her no. She balked. We undesignated the leave and told her to report back to work or else. Guess what, she came back to work.
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