To Return an Employee to Work, or Not? Details and Dilemmas at the End of Medical-Disability Leave, and When Leave Seems to Never End

April 2012
Employment Law Notes
Although most employers are sympathetic to their employees’ medical difficulties and generally are aware of the obligation to provide medical and disability leave under some circumstances, they may not realize the full scope of their obligations in this tricky area. When facing difficult return-to-work situations at the end of FMLA leave, compliance with the FMLA’s technical rules can be critical to avoiding potential liability. And the FMLA is not the end of the story—the ADA and state disability law may require extended leave even when FMLA eligibility does not exist or has been exhausted.