Can we make a returned employee go back on FMLA

Sarah Q

I have an employee who was out under FMLA for three weeks and returned with a doctor's release. The problem however still exists and I want to know if we can require him/her to go back to the doctor and continue FMLA. It is a serious eye problem and we have no light duty available to accomodate it.

LindaS

If the employee has a release that prevents her from doing her job, you have every right to decide NOT to allow her to return until she is able to perform her job. In that case, she remains on FMLA until either a) she is able to return to her job, or b) she runs out of FMLA at which point you need to decide if she qualifies for ADA and if allowing her the continued time off would be a reasonable accomodation.

Don D

But, if your situation is that she returned with a full release and you, in your medical opinion x:-) feel she is unable to do the job and the condition still exists, no, you cannot REQUIRE that she go back out on FMLA and 'go back to the doctor'. If, however, she has been released and you have firm evidence that she is medically unable to perform the essential functions of the position, you can and should require a second medical opinion at the company's expense. It would seem though that having a conversation with her would be the first reasonable step, to get her read on how well she is able to perform following her return and perhaps she might suggest to you, if you ask, what the company could do to make it possible for her to perform well.

Even with full releases, most people need and deserve a reasonable adjustment period, usually a very brief one, during which they quickly get back up to full speed.