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This article series addresses some of the most confusing real world problems surrounding the Family and Medical Leave Act (FMLA). In the last installment, we discussed situations in which employees have job restoration rights upon returning from leave. In this article, we’ll look employees who do not have job restoration rights once they return from […]
Question: We have an employee who is currently on FMLA leave, has a brain tumor, and has been cleared by her doctor to work part time. can we ask the employee to sign a waiver in case anything happens to her while at work?
If an employee unequivocally states she’s not returning to work, your duties under FMLA of job restoration and to maintain health benefits end, subject to your healthcare continuation duties under the Consolidated Omnibus Budget Reconciliation Act (COBRA).
By Kate McGovern Tornone, Editor A federal appeals court has allowed an employee to proceed with his Family and Medical Leave Act (FMLA) claims because his employer failed to provide him with the mandatory job restoration notice.