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FMLA/Worker's Comp

CarlaCarla 5 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
HELP!! We have an employee who has tendonitis. She is out on a workers comp claim. Her doctor released her to return to work with "no repetitive motion" restrictions. She works in Medical Records and all of the essential functions requires repetitive motion. The manager sent her home until the doctor releases her back to full duty. What status do we give her, she hasn't been here long enough to qualify for FLOA. Do we have to employ her? The manager wants to fill her position. I am not clear in this area and would appreciate any help out there! Thanks
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  • Margaret MorfordMargaret Morford 1,143 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 03-21-02 AT 04:49PM (CST)[/font][p]Carla,

    You definitely need some legal advice before you proceed. With that said, here are some issues to think about. Has the doctor indicated that she has reached maximum medical recovery? (In other words, these restrictions are permanent). If that's the case, she may no longer be qualified for the job. If these are temporary restrictions, can you find other duties for her, like answering the telephone, etc. that are not repetitive? I'd be very careful about replacing someone with a WC claim against the company.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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