Q: What are employers rights after an employee has been released back to work without restrictions
Employee has been released without restrictions after 50 weeks of no work at all..said employee has had multiple attendance issues exceeding company handbook standards because of pain but keeps going to the doctor and being released with no restrictions. Employee has requested a reduction of hours which has been accomadated but still continues to miss scheduled shifts and leave shifts early. Can I terminate her for her attendance since its well over our handbooks standard and they can not provide proof that the injury is not healed when their doctor has released them and claim has been closed?
A:
If the restrictions are NOT related to a work injury, you have NO obligation beyond any contractual obligation and FMLA, IF it applies.
Even if the employee was injured at work, you have no obligation to hold her job beyond the 12 weeks as provided in the FMLA, PROVIDED that FMLA applies (i.e. 1.) The employee must have been employed with the company for 12 months;
2.) The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave; and
3.) The employer is one who employs 50 or more employees within a 75-mile radius of the worksite.) So long as you comply with FMLA and you have no other contractual obligations (e.g. union contract or employee handbook), you can terminate an employee after 12 weeks. If an employee does not qualify for FMLA, you may terminate them the day they are injured on the job so long as you provide Workers' Compensation Benefits.
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