Regional Vice President of Sales The Retirement Plan Company
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Compass
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Playing with Fire: Requiring an Employee to Return from FMLA Leave 'Without Restrictions' or 'Fully Healed'
FMLA Insights Aug. 26, 2015 "[T]he ADA requires employers to make an individualized assessment when deciding whether an employee can return. When employers implement a '100% healed' policy, most courts find that employers improperly bypassed the individualized assessment process.... At a minimum, the problem with this practice is two-fold: [1] it bypasses the process requiring an employer to make an individualized assessment under the ADA to determine whether an accommodation can be provided to help the employee return to work; and [2] it increases the chance that the employer will have found to perceive the employee as disabled." |
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