Return To Work

I have an employee that has been on a leave of absence due to a personal injury since July 31, 2002. Her doctor indicated that she may possibly return to work March 1, 2003, pending further evaluation. We left her position open until the end of November, but finally had to fill it with another employee. I am in the process of sending her a letter that lets her know that we will extend her company leave of absence until March 1, 2003, her FMLA has been exhausted, we had to fill her position and if she doesn't return March 1, 2003, we will have to terminate the employment relationship. The following is the letter. The question that I have is should I include in the letter that if the doctor does not release her by March 1, 2003 and if she can not perform the requirements of the job, we will have to terminate the employment relationship. When she comes back, I assume she will have work restrictions. She works in the warehouse. We will do what we can to find a position that will accomodate her restrictions, but generally that is more difficult with a warehouse worker due to the physical activity.

Here is the letter.
I received a doctor’s note from Maureen Jones that indicates that you need to “remain off work until March 1, 2003, pending further evaluation.” Christina, your FMLA leave began on July 31, 2002. It expired on October 23, 2002. In an effort to try to accommodate your injury, we are willing to extend your leave of absence until March 1, 2003. However, we were not able to hold your specific job open any longer. Consequently, when you return to work, you will be returned to another position. If the doctor does not release you to work and if you can not perform the requirements of the job, however, we may have to terminate the employment relationship at that time.

Christina, it has been a while since we have talked. I hope your health is improving. Please stay in contact with me to keep me abreast of your ability to return to work. If you have any questions, please call me at 355-2160 #387.

Thank you for your advice on this matter.

Vicky Sertic
HR Manager
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