#EEOCLawsuit #FMLA #ADA #ReturnToWork
Hey there! 😊 I came across an interesting newsletter today from a law firm that might spark a conversation about an essential topic: returning to work after medical leave. It brought up the potential pitfalls of a certain policy that could land employers in legal trouble—specifically the "100% healed policy."
This policy requires employees on medical leave, like from FMLA, to come back completely healed before being allowed to return to work. Sounds strict, right? Unfortunately, it can create some significant pain points:
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Potential ADA Violations: If an employee can perform their job function with reasonable accommodations, requiring them to be "100% healed" can lead to violations of the Americans with Disabilities Act (ADA). 😟
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Employment Risks: Employers are putting themselves at risk for lawsuits. The EEOC recently filed an ADA lawsuit against a company enforcing such a policy. In this case, an employee with a rotator cuff injury was dismissed because he wasn’t completely healed, even though he could do his job using his other arm. 🔥
- Detrimental Workplace Culture: Having this inflexible policy promotes a culture of fear and can discourage employees from being open about their needs or conditions. This ultimately impacts productivity and morale.
So, what can employers do to avoid these pitfalls? Here are a few suggestions:
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Ditch the "100% Healed" Policy: Instead, implement a flexible approach that encourages open communication about the employee’s needs for returning to work.
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Engage in Dialogues: Employers should actively engage with employees requesting accommodations. Having a thoughtful conversation can help identify which accommodations are necessary for them to perform their job duties effectively. 🗨️
- Consider FMLA Regulations: Understand that FMLA allows for fitness-for-duty certifications, but that doesn’t mean the employee is unfit to return without full recovery.
So, the big question is: Have you dealt with a similar return-to-work situation? What worked, or what would you do differently? Let’s share our experiences! 💬
Feel free to drop your thoughts or any relevant tips below. Let’s learn from each other!
I thought this was an advertisement at first with how well it was laid out, but this was actually a nice read, and is making me want to go try to get our 100% cleared to work policy changed now!