Q: Employer won’t allow return to work with temporary restrictions following medical leave. What are our rights?
Husband on 2week temp med leave to return on 12/28 with restricted hours (8 hour shifts) and breaks every 4 hours, no ladder climbing for a period of 3 weeks. Employer won’t allow return with restrictions. What are our rights? Live in MN. Large privately owned company.
A: Additional information is needed to answer your question. If your husband's medical condition qualifies as a "disability" under the Americans with Disabilities Act, then your husband can request an accommodation of a 2-week medical leave, followed by 3 weeks of medical restrictions. Your husband's employer is then required to determine if they can accommodate your husband's restrictions without causing an undue burden to the employer. Generally, a blanket refusal to discuss a return-to-work with restrictions is not permissible under the ADA. Rather, an individualized inquiry is necessary. You should contact an employment law attorney in your area to discuss the specifics of your husband's situation.
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