Restoration of Job upon return

Squishypig

OK, I just need to make sure that I am thinking of this the right way. We have an employee who is going to be on FMLA leave due to the birth of her child in August. Due to complications, her doctor has put her on a reduced work schedule from 50 hours per week to 30 hours per week (the 20 hours are being counted against her FMLA leave currently). We have even let her have a schedule that allows for her to have more time with her family even though it has resulted in hardships for our other managers and our operations.

Upon her return, we are planning to restore her to her original position with same pay and benefits but we are not willing to negotiate on the amount of hours or the schedule. The schedule will include some nights and weekends which she has expressed that she no longer wishes to work. We are worried that when she returns from FMLA leave that she will not want to work the original hours or schedule which we cannot accommodate.

So my question is, if she refuses to be restored to the original job with our requirements (and we have nothing else available), can we terminate?

Johnette
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njjel

I would say the answer to your question is, yes unless there are mitigating circumstances such as ADA etc. that come in to play. Your obligation under FMLA is to return her to her former position and pay. If she simply doesn't "want" her former hours, then she would be unwilling to meet the job requirements and could be terminated.

LindaS

Agree with njjel. Once you have returned her to her previous position, she must fulfill the same job responsibilities she had before she left. Unless there is an ADA issue, you are not required to make any job modifications UNLESS you have done this for others in the past.