ADA comes into play if they are "qualified" as disabled. Google ADA. If they are then you should engage in an interactive process to determine in there are accomodations you can make to get them back to work. The accomodations must be reasonable.
You should probably contact a competent emplyment attorney if none of this rings a bell.
You can also bone up on the FMLA/wc/ADA triangle by reading our special report on FMLA, ADA & Workers' Comp: Navigating the Treacherous Triangle. It's available to subscribers at [url]http://www.hrhero.com/lc/spreports/main.shtml[/url]. Good luck. Jennifer Alvey Group Publisher, In-house Counsel and Workers' Comp
Comments
You should probably contact a competent emplyment attorney if none of this rings a bell.
Good luck.
Jennifer Alvey
Group Publisher, In-house Counsel and Workers' Comp